Legal Question in Real Estate Law in Florida

My father lives in Florida, before he got married he bought a land in Florida and had a house in South America (He sold these two properties) from the proceeds he kept some money in a separate account

in his name only. His wife and two stepdaughters found out about this money and wanted my father to put this money in a joint account with his wife. Because of all these problems my father decided to open a joint account with me (His blood daughter). He made this move based on the fact that his step daughter took $14,000 dollars from my father joint account with his wife (these money was giving to my father and his wife by a car insurance company (he went to theraphy for about a year). Now the stepdaughter is treatening me and my father saying that I am helping him to hide money from her mother, I really don't know waht to do in these situation. I am married and own a home in Florida. My question is: Can my father legally keep this money in a joint account with me? Can he sue his stepdaughter for withdrawn this money from his joint account (Stepdaughter has a power of attorney to handle everything for her mother). I am thanking you in advance and hope that you can help me.


Asked on 9/14/10, 6:50 am

1 Answer from Attorneys
Richard Kaplan

This is a tough family issue. The step daughters do not have any claim to your father's estate. But his wife can.

Absent an anti-nuptial agreement, the wife can claim, if your father dies first, a minimium of 30% of his worldwide assets. If he is already leaving her more than that through joint accounts or probate, than that would be it. Upon the wife's subsequent death, her daughters may get it.

Your father can keep money without whomever he wants, and the step daughters can't touch it. He can have his entire estate that way, but then if he dies first, the wife can claim 30% of it.

So a lot of this has to do with who dies first. There is no need to sue either of you, and no claim of action.

The situation is this, how does this situation effect their marriage? And that's where it gets complicated.

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Answered on 9/19/10, 7:03 am


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