Legal Question in Wills and Trusts in Florida

Only Child and Will

My mother died and left a will to me her only child. She is divorced and living with the same man. She put all of her money in a money market account payable to him at death along with other money jointly in his name. All of her personal property including jewelry is in his apartment. What rights do I have? Am I entitled to part of her money? Do I sue? Can he be arrested for not distributing her personal property to me?


Asked on 3/11/02, 9:09 pm

2 Answers from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: Only Child and Will

How sad that your mother left you as her sole beneficiary, but held her assets jointly with a stranger who now owns them. Anything else should become property of the estate and ultimately distributed to you after creditors claims are satisfied. Act quickly to obtain possession of the asets...ask a local attorney to have you appointed "conservator", then have the will probated, naming you personal representitive. You will then be empowered by the court in the county where she resided. I dont think a deputy will help you enforce the will without court authority. Maybe you can reason with the boyfriend to release her property voluntarily?

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Answered on 3/11/02, 9:47 pm
Sanford Martin Martin Law Office

Re: Only Child and Will

Based on the information provided, you are advised to act promptly to determine what personal property she left. Contact a local attorney to handle the matter for you; if you can't afford an attorney, contact the office of the local sheriff and take control of the property. A will indicating that you are the designated beneficiary for personal property should be sufficient. Regarding the money market account or other bank or investment account held in joint names, unfortunately, as survivor, he has a right to that property which likely passes outside the will. It is necessary to file the will with the Clerk of Courts at the local county government, but you are advised to seek legal help in asserting your legal right over any property which was not jointly owned by your mother and the other party.

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Answered on 3/11/02, 9:20 pm


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