Legal Question in Wills and Trusts in Florida

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.

No, the mutual funds became the property of your brother upon the death of your mother. It is sad when this happens among family members but it is a reality that is happening more and more often. You can file a suit to try and claim that he used undue influence in order to get mom to transfer the mutual funds into an account with his name as the sole beneficiary but it will not be an easy case to win. Alternatively, if you can prove that mom was unable to understand what she was doing when she made this change, then you might be able to reach a different result. You will need a qualified attorney to work with you on this matter.

Scott R. Jay, Esq.