Florida  |  Wills and Trusts

Legal Question

Asked on: 8/14/07, 9:17 pm

Paid on Death - 5 days before death

I was the primary beneficiary named in my uncle's will. My uncle was on A LOT of pain medication. Five days before he died (on 05/2005), the majority of the entire estate was POD to the caretaker who also was the executor of the will. Very little was listed in the estate inventory. The caretaker was easily removed from his executor position due to a significant amount of unethical evidece against him. However the caretaker still refuses to honor the will. I may have to sue the caretaker for undue influence and abuse of an elderly in order to collect the POD assets. I'm concerned that even if I win the case, I may not receive anything if the caretaker has already lost/spent the all the POD assets. Plus I will have incurred thousands in legal fee costs. It seems like the legal process takes forever and a lot of time may pass before the case is settled. Is there anything that can be done to freeze those POD assets to prevent them from disappearing? Should I hire a forensic accountant too? The caretaker is finance savy.

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