Legal Question in Wills and Trusts in Florida
Background: We live in Florida. My mother, a widow, had been in an Assited Living Facility for five years. She had not owned a home for over twenty-five years. She had no money, property or any assets when she died in the hospital. All the money she had left was $65.00 in her checking account. She had paid her ALF with the Veterans Widows Aid and Attendance pension, my deceased father's pension and social security. She didn't even have enough over the last two years and we donated over $20,000 for her care. I was never her financial DPOA. Six years ago, when my father died, (he was killed by a drunk driver) the attorney told me to put my name on her checking account to avoid any probate. She was very sick, even back then and most of her doctors gave her no more than two years to live. Question: I have just been told that my mother will be getting her $1,000 ALF deposit back and her rent for half the month for a total of $2,600. The check will be made out in her name in my care. Can I deposit or cash the check in her and my checking account? The only bills she had were medical and I'm not liable but do I have to pay any creditors or get any kind of affadavit? This is all she had.
2 Answers from Attorneys
If the check is for her it should be used to pay her creditors.
Mr. Wagner is correct.
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