Legal Question in Wills and Trusts in Florida

Need legal help

My question is not for me, but for my brother who wife passed away.How can I help my brother find out if his step-daughter is doing elegal transactiion funds from a checking account that the wife left and the the daughter is the one handlying it, she also wants to handle the house and everything else and since my brother is suffering because of the lost of his wife she has taken over. I believe she has something up her sleeves and I need to know what is going on without her suspecting. What can I do, if I get a lawyer what kind of lawyer I need. Please me help my brother. Thank you


Asked on 8/17/07, 12:10 pm

2 Answers from Attorneys
Robert Roemer Robert Roemer

Re: Need legal help

I would suggest you help your brother retain an attorney now.If you need assistance send me an-mail with your phone number to discuss in greater detail.

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Answered on 8/17/07, 11:27 pm
Marie-Anne Oatley

Re: Need legal help

Your brother must open a probate administration with the local court and petition to be appointed personal representative. He will then be the one who is allowed and in fact has the duty to deal with his late wife's estate. In the mean time, as the husband, he should be able to obtain statements from the bank in question. If the account was owned jointly with his wife, it is automatically his. Depending on the facts, the homestead might be his as well.

Certainly, the daughter has no right to withdraw money from an account that is not hers unless she is the estate's personal representative.

Your brother must consult with a PROBATE attorney immediately and start from there. He can stop at a simple consultation or let the attorney deal with the probate court.

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Answered on 8/17/07, 1:36 pm


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