Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
A:
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would prove that the accounts are for your mother, and where the money came from. The judge will want to see the signature cards, to see that your mother is also on the accounts.
It would be best if your mother's money was consolidated into one account.
A: Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from garnishment. And have you consulted a lawyer on your insurance coverage, your potential liability, and what of your own assets or income may be at risk? Best to schedule a consultation with a lawyer in your area.
A: Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."
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