Legal Question in Wills and Trusts in Florida

Check fraud was done on my and my husband\'s bank account shortly after he died on May 24, 2009. The funds were transferred from our joint checking account to his individual checking account. The subsequent fraudulent withdrawals were made from his individual account. In order for the bank B of A) to close the fraud claim, they are asking that I become executor of his estate since I am not on the account that the withdrawals were made from. This seems like an unreasonable request since the money was never in his individual account to begin with. The thief (suspected family memeber of spouse) did an unauthorized telephone transfer which is also fraud. Should I have to go through the expense and time of probate to recover funds that are mine to begin with? Bank of America has given me a provisional credit to my account for the unauthorized charges by the way.

Asked on 7/31/09, 4:07 pm

David Slater David P. Slater, Esq.

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Sounds weird to me too. Go and speak with them.

Answered on 7/31/09, 5:12 pm

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