Legal Question in Wills and Trusts in Florida

banking accounts
my father passed away 2006 he had a checking account with 100,000 in it at the time of his death . my brother who is the p.r. of the estate said that my sisters name is on my faters account and that she has rights of survicorship to the account the only problem i have is that 52,000 of that account was from a hurricane insurance cliam from 2005 my father never lived to finish the repairs that the money was marked for my sister has spent the money and the repairs were never finished i dont care about the money that is above the 52,000 she can have that but what i do care about since i am a 1/3 owner is that the money be put back into the house which at this point has not because she says she has spent it because it was hers is this true who is accountable for repairing the property

Asked on 8/30/08, 10:44 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

0 users found helpful

0 attorneys agreed

Re: banking accounts

The money is probably hers; however, you might have a claim over the money that was received for hurricane damage and not used as an equitable lien It should have never been sitting in an account with other money and, obviously, repairs should have been made sooner or all the owners of the property should have been on the account -- not just your sister.

Answered on 9/02/08, 8:21 am

Mark as helpful