Legal Question in Wills and Trusts in Florida

Transfer on Death account

Boyfriend leaves TOD account to girlfriend. She is not named in will, nor estate. Greedy relatives. Can they sue her?


Asked on 7/14/07, 10:36 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Transfer on Death account

TOD account goes outside the will.

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Answered on 7/14/07, 10:46 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Transfer on Death account

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.

A transfer on death account which is actually a Totten Trust passes outside of the estate. All you need to do is provide a certified copy of the death certificate and proof of your identity and the account will be yours.

In answer to your question, anyone can sue anyone in Florida. The real question is whether they can win which is highly doubtful.

Scott R. Jay, Esq.

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Answered on 7/14/07, 11:40 am


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