Legal Question in Wills and Trusts in Florida

April 5th,2012,dr's determined my mother incapable of handling her affairs & Durable POA kicked in for my sister. On 4/05/12 sis went to mom's bank & rec'd acct. info on mom's 11 accts. There were 7 accts. w/POD's/ beneficiaries & 4 ck.& sv. accts. Sis took a $10k acct I was sole beneficiary on, transferred entire bal. to mom's ck.acct, then closed acct. I was beneficiary on. Mom passed away 5 days later. Sis, then executor of estate,paid $4800 to funeral hm, & for bills,etc. from mom's regular ck.acct. There was nothing to show I was beneficiary of any acct...I rec'd nothing. The Dur.POA stated nothing about changing/ deleting a benefciary. The bank's legal dept. went over entire POA. Applying Florida banking procedures (Fl. acct. terms & conditions apply) changing and/or deleting a beneficiary is clearly not a transactionhat a Durable Family POA is authorized to do. (in this instance, the DFPOA DID NOT state this action would be allowed). I want to sue my sis, where do I start? Is it possible I can sue the bank also?

allowed her to do this!

Asked on 4/13/13, 4:26 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Get all the paperwork and consult with an attorney. Your conclusions have to borne out by the paperworik.

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Answered on 4/13/13, 5:42 am

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