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I am a disabeled trust beneficiary and am having trusted ...

I am a disabeled trust...
I am a disabeled trust beneficiary and am having trusted relative manage it. Does my not knowing how much or where the money is being spent and my not being included in these types of descisions nessesitate a legal trust concern. In other words should I worry about this and do you think I need a lawyer?
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Answered in 1 hour by:
2/2/2008
Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
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Hello cousins6:

According to the rights and duties as set forth by the Florida Statutes, the trustee has a duty to disclose what they have done in the trust administration at least once a year unless otherwise indicated under the trust.

If you have this "gut feeling", it would not hurt for you to have at least a consultation with a probate attorney to know your basic rights as a trustee. You can also learn about the process of trust administration by visiting your local book store. Since you are not familiar with your rights as a beneficiary it would be wise to speak with an attorney to see if there should be cause for concern and to review the trust to see what your trustee must be doing for you.

The trustee is supposed to act in accordance to the trust document.

If you want to review the duties of the trustee for Florida, you can access those here.

In general the beneficiary has the following rights under a trust:

The beneficiary has the following rights, in addition to any rights listed in the trust:
  • The right to receive notice of the existence of the trust.
  • The right to receive a copy of the trust.
  • The right to receive trust accountings and information about the beneficiary's interests in the trust.
  • The right to enforce the terms of the trust and to hold the trustee accountable for any wrongful acts or omissions that affect that beneficiary's interests.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.



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Customer reply replied 9 years ago
DearCustomer I have copies of my mothers will should she survive my father all before they passed both of them as did my 49 year old sister. Please note that I believe my cousin comandered the direction of money things because my father was the last to go and I was not told he was of diminished capacity, beginning alshiemers or dinentia that Dads doctor told me when I went for a check up. I knew nothing of this. When mom was sick and died a month later my learning disabled sister passed also, probably from a broken heart. At this time my cousin coerced, forcibly and under duress from my loss, said I had to sign some papers at he bank and I had no choice in the matter. She even had two strangers, customers at the bank, witness for her. As you may have already guessed the papers I signed legally allowed her to access and use all my trust, checking, safety deposit and payroll from my job and to buy or sell my families house,condo and many other items of sentimental value with or without my    knowledge and also without any feedback or involvement from myself. Thank you for listening. Customer Heres your money...
Thank you Customer for your response:

If he is acting in the capacity as a trustee (since you claim you are a trust beneficiary), you still have the right as a trust beneficiary to know how your interests in the trusts are being administrated. If you claim coercion to force you to sign, then by law as the beneficiary you have the right sue your relative for improper trust administration. You said you signed some papers at the bank, well you need to know what you have signed. It would be very difficult for me to figure this out for you without access to those documents. However, one thing is clear. As a beneficiary of the trust, you have the right to demand that your relative produce documents. It is their duty under Florida law to keep the beneficiary informed and cannot use the trust to their advantage.

Your first question posted was whether you need to worry and get a lawyer. Based on the information you have now posted my answer would be a big YES!. You need a lawyer to review the trust instrument, documents that you have signed and demand your relative to produce documents of what he has done.


I do encourage you to proceed with a lawyer, because what you have posted here, leads me to worry on your behalf.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 9 years ago
Again: DearCustomer I am the remaining member of the settlers family mentioned in the restated and amended revocable trust AGREEMENT. All this is true. The other paper I signed was dated September 18th 2006 the day my sister died and is the full power, without any limitation, to peform any act on my behalf. A DURABLE FAMILY POWER OF ATTORNY is this paper I signed and my cousin gathred it together then compelled me to sign. It revolks all previous powers of Attorny. worried for life, Customer
Hi Customer, glad to hear back from you.

A durable power of attorney can be revoked at any time, if you are no longer pleased with the handling of your benefits. All you have to do is prepare a declaration of your revocation and present copies of your revocation to all the institutions you have accounts or interests in. This revocation should also be filed with the county recorders office. Once you revocate, he no longer has any powers. So that is what you need to do if you no longer want him handling your interests.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 9 years ago
Again: DearCustomer I am the remaining member of the settlers family mentioned in the restated and amended revocable trust AGREEMENT. All this is true. The other paper I signed was dated September 18th 2006 the day my sister died and is the full power, without any limitation, to peform any act on my behalf. A DURABLE FAMILY POWER OF ATTORNY is this paper I signed and my cousin gathred it together then compelled me to sign. It revolks all previous powers of Attorny. worried for life, Customer PS. I Have copies of everything. I have all copies!
Just want to make sure if you did not read my answer to your reply as I see you posted it twice?
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Customer reply replied 9 years ago
Thank youCustomer Thanks so, so much. Your time is worth than money to me. Again, much thanks! no longer worried, Customer PS I was helping a disabled friend move and these matters have been etched on my mind without relief...until now. Sorry for the delayed response. It's been a pleasure I'm sure and I'll recomend you to my friends and family.
No problem Customer. Glad to be of help. All the best to you with this issue.



Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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