Eviction And Trust Dispute

Summary

In Florida, self-help evictions are illegal. As a principal beneficiary, you have rights under the trust. Consider filing a petition to enforce trust terms, an unlawful detainer action, and a motion for return of personal property. Verify if the executor has filed for administration before refiling your petition. Consult with an attorney for document comparison and legal advice.

Full Conversation

Sure. I am located on Marco Island, in Collier County, Florida.
Hi ****! How can I assist you with your legal issue today? Could you please provide more details about your situation?
I was caregiver to my father for the last year and a half. He passed away about a month ago. I was living with him and was compensated to be his caregiver and property manager. Everything he owned is in an irrevocable trust. He also enjoyed the benefits of the house being Homesteaded. I am his only biological child. I am a principle beneficiary of the trust. His executor tricked me into leaving the house right before my dads funeral. He barred my access to the neighborhood, the house, my personal property and my girlfriends emotional support pet ( he had her cat for almost a month before returning her to my girlfriend), my mail access has been blocked as well. In the trust, it states that,”if any relative of my dads lives there at the time of his death, i get to determine the sale of the house. My dad and I also had a tenancy agreement that was memorialized, signed, by my dad and I and witnessed. In florida what the executive trustee did is called a, “self help eviction” which is illegal in florida.
****, I'm sorry to hear about your situation. Here are some points you might find helpful:
- In Florida, self-help evictions are illegal.
- As a principal beneficiary, you have rights under the trust.
- Your tenancy agreement and the trust terms are important documents.
Would you like information on how to challenge this eviction in court?
what do i file to hold him accountable and return my property to me?
****, you may consider filing the following:
- **Petition to Enforce Trust Terms**: To assert your rights as a beneficiary.
- **Unlawful Detainer Action**: To regain possession of the property.
- **Motion for Return of Personal Property**: To recover your belongings.
Would you like guidance on how to file these documents in Collier County?
Yes i would please
Sure, ****. Here are the steps to file these documents in Collier County:
*. **Petition to Enforce Trust Terms**:
- Prepare the petition detailing how the executor violated the trust terms.
- File the petition with the probate court.
*. **Unlawful Detainer Action**:
- Prepare a complaint for unlawful detainer.
- File it with the county court.
*. **Motion for Return of Personal Property**:
- Draft a motion listing the personal property you seek to recover.
- File the motion with the same court handling your case.
Would you like more detailed information on any of these steps?

Collier County Clerk of Courts


Phone: (*) *-*
Address: * Tamiami Trail East, Suite *, Naples, FL *
Website: www.collierclerk.com