MOM’S TRUSTEE SMELLS A RAT
by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com A reader asks: My mother had a revocable “Living” Trust prepared. Her Trust distributes all her property equally among my 2 brothers and myself. She recently died. I am the Trustee and when I visited the attorney who prepared my mother’s Trust to find out what I now needed to do, he advised me that an “informal” Trust Administration would be necessary and that he would be happy to represent me for a mere $2,000.00.
for a decedent’s Trust is required, even an “informal” Trust Administration as suggested to you by your late mother’s attorney. When some form of Trust Administration is actually required usually occurs when the Trust beneficiaries are fighting among themselves. Also, sometimes a poorly drafted Trust contains certain provisions which are so ambiguous that the court must get involved to determine the Trust maker’s intent.
I think I smell a rat! Is it usual to have to pay an attorney to represent a Trustee after the maker of a Trust dies?
Fortunately, the number of predatory attorneys such as the one you sought advice from is small. The vast majority of attorneys will be objective and honest with the Trustee and will explain to them their basic fiduciary responsibilities as Trustee and how to proceed within the law as the maker of Trust desired. After all, the whole reason for your mother having a Trust was to avoid the time and expense incurred by involving attorneys and Courts after her death. You should seek a second opinion.
Response: Based on you description of your late mother’s Trust, I think your instincts are correct. Although it is always advisable for Trustees to solicit counsel from professionals such as attorneys and CPA’s as to their duties, in this case I do not believe you received objective advise as it is extremely rare that a Trust Administration
41 Years
Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.
CREATIVE CORNER Friends (The Lonely Palm Tree) By Chester J. Sudzinski
In the desert stood a tree,
Sun, wind and rain was all it
Left alone and feeling free.
knew,
Enjoyed the sun and the little
The tree was happy hearing
stream,
news.
It found its place and felt
Seeds and nuts from travelers’
serene.
food
Many a traveler along the way,
Grew to flourish in the lagoon.
BRANDON Auto Clinic of Brandon ...... 813-654-8686 Xtreme Powersports ......... 813-626-6060 ELITE Transm & Auto.........813-684-6900 BROOKSVILLE Sunrunner Automotive ...... 352-596-2314 Brooksville Transmission.. 352-796-6544 General Auto Parts ........... 352-796-2522 CLEARWATER LESS of Tampa Bay..............727-873-6929 DADE CITY Reliance Auto Center ....... 352-567-5281 Dade City Transmission.....352-518-0002 HOLIDAY NAPA Auto Parts .............. 727-934-4651
HUDSON NAPA Auto Parts .............. 727-862-8631 PALM HARBOR K & K Custom Cycles........ 727-773-1095 PINELLAS PARK George’s Performance ..... 727- 521-2206 RUSKIN Thompson’s Auto Parts .... 813-645-3204 ST. PETE Bob Lee’s Tires.................727-822-3981 Complete Auto Parts ........727-895-3821 Miles Automotive ..............727-323-0180 J.C. Automotive ................727-866-0044 St. Pete Power Sports ......727-456-6088 Suncoast Auto & Tire .......727-520-1148 Redding’s Auto Service 727-522-7215 Royal Edger ......................727-573-1700
If you or your business would like to get AMSOIL products at Wholesale CALL 941-586-3853
Stopped to rest under its shade.
At Last!
They drank and ate and spoke
The lonely palm tree found
a lot,
some friends,
About their journey to
He called them fruit,
Best Little Cat House in Riverview, FL for 25 Years!
Camelot.
And said, AMEN.
Unique Vacation Hotel For Cats Only!
For submissions: Send your poem (150 words or less) to editor@ lifestylesafter50.com with the words “Creative Corner” in the subject line.
15501 Boyett Road • Riverview
813-654-CATS (2287)
www.ACountryCatHouseTampa.com
Lifestyles After 50 • March 2022 • 12
SEFFNER Schembries Auto Serv...... 813-685-5654 SPRING HILL Napa Auto Parts.................352-688-2877 SUN CITY Killingsworth Automotive .. 813-645-7220 TAMPA John Erb’s ......................... 813-908-3333 Atlantic Automotive ........... 813-936-1510 BNB Automotive ............... 813-416-8711 Tony’s RamTech................ 813-877-6642 Xtreme Powersports ......... 813-626-6060
• Featured on Nationwide TV • Large, Custom Cat Condos • Villas & T.V. Suites • 3 – Level Townhouses • Private Aquarium Views • Huge Windows Overlooking Tropical Gardens with Fountains & Koi Fish Ponds (for lizard & bird watching) • Reasonable Rates • Vet on Call • Soft Music, lots of loving & petting
