Legal Question in Wills and Trusts in Florida
How do we know that that was all?
How would my brother and I find out if my sister is hiding money that was left in my mothers bank accounts and not splitting it like it states in the will? Can we somehow check with the banks? Mother died March 22, 2005, and she still has not filed the will in probate, and now she is claiming that there is only $6,000 left. We know that mother had CDs and money in savings, but she will not tell us anymore, are we just at her mercy (without spending $5,000+ with another attorney).
2 Answers from Attorneys
Re: How do we know that that was all?
You can petition to open probate administration and be named personal representative. If not the PR, you can still request an accouting as an interested person (a potential heir), as long as probate is under way. Good luck.
Re: How do we know that that was all?
The bank will probably tell you very little because of privacy laws. Looking on the dark side, if your sister is not cooperating it may be that her name was on mom's bank accounts and no probate was needed for her to take those funds. Then again, there simply might be no money. I think your best option is to have yourselves appointed personal representative. As PR you would have court athority to request bank records and determine exactly what happened. I would think you could have this done for less than $5,000.00, but I doubt you could do it without any costs. good luck.
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