Legal Question in Wills and Trusts in Florida
to respond to the attorney who answered asking if there was money: there was $650,000.00 in that trust account on May of this year that the half sister of the aunt took the money from which is where the 60K check was written off of, so there is money it is a matter of getting the Fidelity records and tracing the withdrawls back, Aunt Martha also owned a home and a checking account
Update we have sent the letter required to demand repayment of the NSF check on the Fidelity Trust account that the half sister cleaned out before the aunt death, the aunt had 650k in this trust in May 2011 wrote us a check for 60K to pay off our home she wrote this in the memo on the check as well, she wrote the check to us 7-16 she passed away 8-2 but we did not get notification it was NSF until 7-21 by then the aunt was in the hospital and on morphine so we are trying to make the heir make good on this check, we will file a report with police after the 15 days so they can send to State attorneys office but I really feel like we will end up in court with her and the paperwork we filled out stated if we go to court & win the case will be for 3 times the check amount so that is 180K ( we are not trying to get that we really just wanted what aunt Martha wanted us to have) we live in Lakeland Florida any lawyers close to me interested in this case, we have the NSF signed by aunt, we have another family member as a witness she wanted us to have a check for this
1 Answer from Attorneys
If she cleaned out the account, Fidelity Trust has no funds with which to pay you. You will have to go after her personally. If she has no funds left or spent off the assets you can obtain a judgment and fraud - perhaps jail time for the aunt but you still have no money. I suggest you hire a probate litigation attorney and hope that he can obtain the assets that are left before they are gone.