Legal Question in Wills and Trusts in Florida

My mother was married in January and her husband died of cancer in July, In February after they were married her husband went and changed the transfer on death for his securities account so my mom got 85% and each of 3 nephews got 5% each. The TOD is notarized and on file with the securities company and mom has signed it as spouse back in February. Since the passing, the brother of my mom's deceased husband has come forward to contest the account, not the TOD. There is no will in this case. My mom's husband died in Florida where they shared an apartment, checking accounts, etc. The securities are managed out of Boston and the brother lives in Baltimore. I'm curious what kind of case the brother has in that there is no will and his power of attorney is gone with the death of my mom's husband? any information and advice is appreciated....the brother was a lawyer as is his current wife so my mom feels like she is up against it.


Asked on 7/30/15, 6:44 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Your Mom needs an attorney . She may need to get appointed as Personal Representative of the Estate. In addition, the attorney needs to contact the Security Company to find out what their position is. Does the Security Company have a FLA office?

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Answered on 7/30/15, 8:29 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Hire an attorney and even the playing field. The Estate needs to be created in Florida. how are they contesting the account? Have they filed a lawsuit? Not enough facts to really help her. She has her interest as defined by the TOD.

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Answered on 7/30/15, 12:09 pm
Lucreita Becude Lucreita D. Becude, P.A.

Probate in Florida requires that you hire an attorney. I suggest she do so ASAP in order to protect her rights.

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Answered on 7/31/15, 9:24 am


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