Legal Question in Wills and Trusts in Florida

Joint accounts go to the survivor.

You would have to contest the way the account was set up

with a lawsuit.

If she was a joint tenant on the account, she is entitled to the entire amount in that account. I suggest you speak to your sister to see if there is an intention to split any of the funds with you. sorry for your loss.

I am sorry to read of your loss. In Florida when one dies without a Will it is called Intestate, and the law governs how any assets of the Estate are to be distributed and there is generally little or no deviation from the law. Generally speaking, the Estate flows first to Spouse, if no spouse, then equally to the children, and so on.

However, the bank account you describe, if your sister was listed as co-owner or even listed as a "pay on death" beneficiary, would not be legally considered part of the Estate and would pass directly to your sister upon the death of your mother. Many times the funds from these accounts are used for final expenses and for opening an Estate proceeding.

You should speak to your sister and see what her intentions are with regard to the funds in the account, and whether there are other assets that need to be probated. Even if there are no assets, someone needs to "deposit the Will" with the county clerk, at the very least. You and your sibling(s) may need to contact an attorney to determine whether a Probate is needed. A quick review of your mother's assets will allow an attorney to make a determination.

Good luck to you and your family.