Legal Question in Wills and Trusts in Florida

Re: joint survivorship & stepparent

The answer to "can you" withdraw the money, is that depending on how the account is set up it is possible. If you each are joint on the account each has full rights to the funds within. If you are co-owners of the account and more than one signature is required then you will not be able to without the other party.

However, whether you have a right to remove the funds could a bit trickier and more information is required. Did your mother leave a will, was it probated, was any of the money which was placed in this account part of the willed assets, where did the money come from originally, who has maintained control over the account since your mother's death...the list of questions goes on.

Tell me where in Florida our mother lived and I will be happy to try and find you counsel in that area, or if in my area I may be of assistance. You can also use the LAWGURU attorney search, just put in the city you need and Wills and Probate.

As for the tax question, you will likely need to discuss with a CPA and it could be determined by the type of IRA, the account holders' ages, etc.