Legal Question in Wills and Trusts in Florida
A couple have 3 daughters. While suffering from a heart condition the father decides to give each of the 3 daughters $75000. The Mother on her own decides to give the funds to 2 daughters and not the third. That daughter has no knowledge of the payments to the other siblings. 20 years goes by. The mother has been remarried for some time but then dies. In the will she admits to the event and declares that she wants that 3rd daughter to receive the $75000 (at the leisure of the new husband) The new husband takes all the estate money and is refusing to pay the funds Was there a crime committed by the mother as a caretaker with some fiduciary obligation upon which the new husband could be forced to pay. Is there any other legal way to make the new husband pay?
3 Answers from Attorneys
Crime? Probably not.
To know more you need to meet with an attorney and let them see the documents.
Not enough info to give you a good answer. If the father left a will, then perhaps the mother's estate could be sued for the funds that the one daughter did not get. But it would have to be spelled out in the will. If he just told her to do this - then not so much of a case.
Unless the Mothers Will specific required the $75,000 bequest, before any other distributions, and there were funds solely in Mother's name, they no. Father is free to do as he chooses with all jointly titled assets.
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