Legal Question in Wills and Trusts in Florida
Personal rep & decease's bank accounts
My foster mother died leaving me as her sole beneficary.
Her sister was named as PR in her will. In the two years prior to my foster mothers death she was very frail and had lost her short term memory because of oxygen loss due to emphasema. During this time, the sister was placed on the foster mother's bank accounts to handle bills & such. My foster mother's will specified that the named PR (the sister) pay all debts with her cash assets at time of death. A week after my foster mother died, the sister closed the accounts and moved out of town. She refuses to have anything to do with the estate.
My attorney has made a motion to have my husband named as PR for my foster mothers estate. I did have the original will to file, thankfully!
My questions:
Can the sister get away with closing those accounts and not pay any debts? The only other asset my foster mother had was half interest in the house I have lived in for 20 yrs, her interest was left to me in the will. Can debts be claimed against my house?
2 Answers from Attorneys
Re: Personal rep & decease's bank accounts
It would be unethical for me or any other attorney to give you any sort of advice while you are represented by counsel. This question, and all others, should be presented to your attorney who should be able to answer your queries.
Scott R. Jay, Esq., 305-249-8000
Re: Personal rep & decease's bank accounts
It sounds as though the bank account was a CONVENIENCE ACCOUNT. Although this type of account is considered a joint account, it is only for the convenience of paying bills, etc. for the main owner of the account. Your Mom's sister did not have the right to take the money as she did. It should have gone through probate administration. The home may or may not be reached by creditors depending on many factors including whether your Mom was survived by minor children. Ask your lawyer to explain "homestead laws" to you.
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