Legal Question in Wills and Trusts in Florida

Does your mother have a will? The bank account belongs to you upon her death.

If the account is jointly with her, or you are named In Trust For (a/k/a As Trustee For), then upon her death, it is your money. Not anyone elses. You can keep it or use it for expenses. Other than for taxes, no one has a claim on it.

I presume however the account is set up for such final expenses, and it would create a family issue if you didn't use it as intended. So it may be best that you pay those expenses and voluntarily split the difference to avoid a family feud. Creditors can't attach it and there is no waiting period.

Now if the account is only in your mother's name (and if she is living she should change it to avoid this situation) the account will go through probate. If so, it is subject to creditors, and cannot be touched without court orders.

Hope this helps. If I can be of further assistance, let me know. 954-752-1732.