Legal Question in Civil Litigation in Florida

My Mom passed away in January in Florida & a couple of creditors have filed against her estate. The estate is paying off both of these bills but we knew of 1 Credit Card my Mom had for $2,000 & the other one we found out that my sister took my Mom to Citi Financial in Sarasota, FL & had her take out a $5,000 Loan. On August 18, 2008 the check was deposited into my Mom�s checking account. On August 22, my sister in turn paid off her own Real Estate Tax Bill & used the rest to get all her own credit cards caught up to date. Between the 4 siblings we will each receive about $2,000�and my question is can I use my sister�s $2,000 to put toward the Citi Financial Bill & split the remainder between the 3 of us. I am the Legal Respresentative for my family.


Asked on 8/22/09, 2:27 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If Citi has not filed a claim, they should not be paid. If they have filed a claim, then the estate owes tyhem, not your sister and you can't force her to pay. Now, if they money your sister used from mom was a loan, as opposed to a gift, then the estate can get the loan repaid.

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Answered on 8/22/09, 4:25 pm


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