Bradenton, FL asked in Estate Planning and Probate for Florida

Q: Can someone who is on a joint account move money into their personal account days before the main account holder passes?

My grandmother passed away last year. She had updated her will to 2-3 weeks before she passed away. She had a joint account with the executor of the will. A week or two before my grandmother passed away, the executor moved tens of thousands of dollars out of that joint account into her personal account. She knew my grandmother's wishes of me getting a fixed amount and the children splitting everything else evenly. She was moving the money out of the joint account to try to hide it from one of her brothers that no one in the family speaks to. She has stated that she planned on splitting that money with the beneficiaries that she is speaking to. Since then, several of the beneficiaries are not speaking to her because of other actions by her. She has not listed the moved money in the estate and we don't know if she plans on splitting that money with us now since we are not speaking to her. Is she legally required to split the money even though it was moved into her personal account?

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Joint account holders own the funds in a joint account equally. In other words, the money in the joint account was your grandmother's as much as it was the executor's.

Kenneth V Zichi agrees with this answer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: I suggest that you consult with a probate attorney in the area where the probate is being conducted asap. It might be a little bit of a long shot but depending upon the facts surrounding why the account was joint and the moving of the money there might be a chance to force the PR to put the funds into the estate.

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