FL trust, statute of limitation, and other legal questions

Factual Questions
1

Situation: A couple has a trust and the husband dies. The husband and wife both have children from previous marriages. The wife is supposed to place any money from the sale of the couple’s house in the trust. The wife sells the house in 2002. She does not put the money in the trust, but keeps it in her personal assets. Wife dies 2008.

Husband’s children were supposed to get the assets of the trust. Wife’s children get her personal assets.

Can the husband’s children go after wife’s personal funds that went to her children for the sale price of the house?

When does the statute of limitations start running? On the alleged failure to fund the trust or when the funds are disturbed after wife’s death? Can the husband’s children still use in 2009?

Who can the husband’s children sue (the wife’s children or the wife’s estate or the trust)?

2

I don’t think it’s junior modding to say that it sounds like you’re looking for legal advice, and really need to consult a lawyer who practices estate law in Florida for the answer. My guess is that the heirs under the trust (or the trust itself) have a case against the late wife’s estate – but that’s a layman’s opinion without any knowledge of what Florida law says.

3

This is based on a situation of a friend on the family, but the trust was funded so this issue never came up. It is more of a “what if?”