Legal Question in Wills and Trusts in Florida

A friend on mine was given a check from a will that the law firm approved and so did the bank, but then I researched it for my own curiosity and found another person with the same name that it was supposed to go to. What will happen if they have already spent the money? Will they be responsible for paying it back since the error was not theirs? Also, what about the person that should have recieved the check to begin with? Will they still get the money they were due?

Asked on 7/19/12, 9:37 am

Sanford M. Martin Sanford M. Martin, P.A.

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Clearly, the receiver is responsible for payment of the check. The beneficiary who did not

receive the check is entitled to payment and can file a claim with the probate court.

Receipt and spending of funds is not justified simply because it resulted from the

error of the payor.

Answered on 7/19/12, 10:00 am

Richard Kaplan

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It is possible, and I had a case very much like this that the person did repay it.

Answered on 7/19/12, 3:58 pm

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