Philadelphia, PA asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida

Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment firm admits advisor revoked (by all appearances as it passed thru all the firms transactions required to revoke undiscovered) TOD account so that it would go to probate (600k plus). However, they add, "it was a mistake as the stepmother/POA did NOT have that level of authority per firms legal dept - it should not have gone to probate but to beneficiaries.It is still a TOD." Had account gone to us to decide which investments to retain & which to liquidate for estate expenses, things would look very different. There are financial losses known, & since this involved stocks/income funds unknown potential to increase in value. Where can we turn besides submitting a complaint to FINRA/SEC?

1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
  • Probate Lawyer
  • Fort Lauderdale, FL

A: At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate proceeding, would need someone to review the file and what the beneficiaries were told and agreed to as part of the proceeding.

Nina Whitehurst agrees with this answer

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