How can I gain control of my assets?
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How can I gain control of my assets?
My mother passed away and left me money in a Trust as well as my 2 siblings. My siblings have the option to control their assets and speak with the financial advisors who are in control of the money and I don’t have that option. My brother is in control of my money. I was told my brother would go to jail if he gave me control. I am not allowed to call the financial advisor that controls my money. I receive a monthly
Asked on July 10, 2018 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Asssuming this what your mother intended--that is, how she set up the trust--then it is legal. There is no law requiring your mother to leave you *anything* at all: it is 100% voluntary on her part to leave you anything. That being the case, she has complete control over *how* she leaves you something--she can put it outisde your control and under the control of your brother.
If you believe that this is NOT how the trust was set up--that is, that he is not following the instructions set out by your mother--you can bring a legal action for what is commonly called an "accounting": to make your brother "account" for what he is doing with your mohter. If he is not, the court has the power to order him to do things differently, or replace him as the person in control of your assets. But if he is following trust instructions, there is no point in bringing a legal action, since, as stated, it is legal to set up a trust this way.
If you want to explore the optionof a legal action, consult with a trusts and estates attorney.
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