Legal Question in Family Law in Florida

My mother is a memory care patient, lives in an assisted living facility, and I have her Power of Attorney. She and her ex-husband have been divorced for a year. Prior to their divorce, my mother's then husband, who formerly worked for the railroad, had a portion of his retirement deposited into their joint account, of which my mother is the primary account holder, in her name. When they first separated, the retirement payments ceased. He, however, has recently had a retirement payment, which was significantly larger than the prior, deposited into their account from the railroad in my mother's name. The upsetting part about this, is that as soon as the money was deposited into the account, he immediately withdrew the money...none of which was used to benefit my mother. This concerns me, because since I have my mother's Power of Attorney and am in charge of her finances, because he is having the railroad retirement money deposited in her name, when the time comes to pay taxes, the IRS is going to require that she/I pay the taxes on money that is deposited in her name, but he is withdrawing for his own use. I'm not sure what to do about this situation. Is my mother entitled to the money, even though they are divorced, or is it legal for him to have the retirement money sent to the account in my mother's name, and take the money for his own use and not hers?

2 Answers from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida

Looking for something else?