Legal Question in Wills and Trusts in Florida

Fraudulent Conveyance

FACTS: My cousin and I were named in our Aunt's will to share and share alike, with my cousin named as executor of the will. We are the only surviving relatives. After having a stroke and a hip replacement my Aunt was put in a nursing home. She had several small strokes, and having diabetes ended up having to have her leg amputated. My cousin had her sign a paper giving her power of attorney. She then told my Aunt that she should put the house in her name so that the nursing home wouldn't take it from her. Which she did. A few months later my Aunt died in the nursing home. She did all of these things after my aunts many strokes and other problems, and only months before she died.

Q: Didn't my cousin do wrong by doing this? Isn't there a breach of trust or something that she broke?

A: There is Federal Law that prohibits anyone from perpetrating a fraud on the govt. in recovering Medicare. Furthermore, there must have been forms the nursing home required to insure pymt., etc. If these were not filled out correctly then there is fraud. Sounds like undue influence by your cousin. The deed may be subject to attack. Find out if your cousin intends to share and if not, contact an attorney.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East