Legal Question in Elder Law in Florida

My mother passed and I am her only child and named on her will as executor. I have been calling to close all her accounts and have been finding she had changed most of them in the past 3-4 years. Some she removed me and placed a so called friend she met 5 years ago on the accounts. 2 days after my mom passed this person pulled all monies out of those accounts. Can I go after her for that money?

Also my mother had given me policies for her IRA and life insurance. The IRA had me down as the benificary at 100%, when I called to close it, I was told that she changed it 3 years ago and added another person and I was now getting 25%. I had never received a new policy showing that. My mother in the past 20 years never would pull out a large sum of money from those accounts, years ago she pulled out 25,000 and I have no idea what happened to it. - I believe this was Elder Abuse by the friend


Asked on 5/22/12, 5:49 am

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

You may benefit from investigation of the details regarding transfers and changes

to her investments and accounts, then discuss with an attorney. However, realize

that a person has a legal right to make such changes in their assets. Elder abuse

in such situations where the person is deceased is extremely difficult. Medical

examinations and psychological confirmation would be necessary to show any

such abuse. The removal of the "monies out of those accounts" by her "friend"

may be worthy of further investigation since the accounts were likely joint

accounts but even such withdrawals from joint accounts are not illegal.

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Answered on 5/22/12, 6:33 am
Lucreita Becude Lucreita D. Becude, P.A.

If you feel your mother was influenced to do these things, then I would sugget you contact a probate litigation attorney and have them advise you appropriately. I have to tell you though, unless you can prove that your mother was incapcitated and undue influence resulted, you may have no case. Talk with your mother's friends and see what they have to say. Believe me, they know than you can imagine and they may agree with you that things were not quite right.

Best of Luck and sorry for your loss.

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Answered on 5/22/12, 7:08 am


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