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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
