Legal Question in Credit and Debt Law in Florida

My sister was POA for my 96year old mom and unfortunately my mother trusted her. They had a joint bank account that my sister emptied of $800,000. She didn't pay my mothers income taxes for 2 years approx. $200,000and didn't pay her nursing home bill $44,000 and left her old condo unpaid taxes for 3years that almost went to auction until I stepped in and got POA for my mother closing account , paying taxes, etc. I got her into rehab but still have no clue if she spent all the money or has it stashed in bank account for herself? She claims her dead boyfriend stole all the money, but she isn't credible or rational at all. Question is how can I find out if she has hidden monies? And if she does will the IRS intervene at all to seize my sisters bank account in order to pay my mothers taxes? What legal recourse do I have to try to reclaim any of the money?


Asked on 4/23/16, 6:43 pm

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

A lawsuit for breach of fiduciary duty and conversion should be your remedy. Collection of any judgment is another issue.

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Answered on 4/23/16, 7:39 pm
Michael Stewart Law Offices of Michael D. Stewart

You can seek to place a constructive trust as well.

Very truly yours,

/Michael D. Stewart/

MICHAEL D. STEWART, ESQ.

Law Offices of Michael D. Stewart

The 200 Building

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Miami, Florida 33131

email: [email protected]

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Answered on 4/24/16, 5:52 am


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