Legal Question in Wills and Trusts in Florida

estate

i am trustee of this estate, dad's bank in florida will not answer any questions, on his checking and savings accounts, we have sent them every bit of info they asked for, still they refuse to talk to us. saying we are not the beneficiery, the statement came once to us, no mention of anything amiss was on it. if he left it to his girlfriend or to someone and my deceased mom's name is still on the account can they take it all? we don't know that this is a fact, but the bank told us to get an attorney, we smell a rat.


Asked on 5/31/07, 6:24 pm

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: estate

You should probably consult an attorney. If your dad had a trust, some of his assets may not have been placed into that trust. The bank cannot discuss those assets with a person who does not have the proper authority. Assets outside a trust may require the appointment of an executor, as well. This needs to get sorted out.

Read more
Answered on 6/01/07, 9:27 am
David Davies Law Office of David H. Davies

Re: estate

A trustee only has authority over property that is included in the trust. If Dad had an account that was not included in the trust, the bank will not provide any information to anyone other than someone appointed by the Court to administer the estate.

If Dad had a will, the person named in the will should apply for the job and once appointed, the bank will be able to provide information. If Dad did not have a will, then the next of kin can apply. If there is no wife then children are in line to be appointed.

The bank is probably just doing its job. I would strongly urge you to talk directly to an attorney.

If you would like to discuss this feel free to call. I am licensed in both Florida and Ohio and shold be able to answer more of your questions after you provide me with additional information.

Good Luck!

DHD

"Justice Is No Accident!!"

Read more
Answered on 5/31/07, 7:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida