Legal Question in Wills and Trusts in Florida

Will & Mutual Fund Division amongst heirs.

My Mother passed away this month. She has always indicated that everything she has would be split between myself and my brother (Her only heirs). And that is what her Will states. Her Bank Account was in all 3 of our names. At Some time during the last year my brother talked her into transferring all of her savings into Mutual Funds and CD's, and put his name as the sole beneficiary.

Can he legally do this? It seems that the bank should have questioned why I was not involved in this transfer, since my name is on the account.

Is it possible for me to take this issue to probate court and have this money divided equally? We are talking about over $200,000.00.

Please advise what recourse I have in this matter.


Asked on 10/31/07, 4:02 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Will & Mutual Fund Division amongst heirs.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is basically the same question as previously asked. Please refer to my earlier answer.

Scott R. Jay, Esq.

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Answered on 11/02/07, 12:19 am


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