Payable [POD] or Transfer [TOD] on Death Disputes
Often times, the ownership of joint bank accounts will be in dispute upon the death of one owner. Under Florida law, it is presumed that jointly-titled accounts become the property of the survivor upon the death of the first owner. However, this presumption can be dis-proven upon ample evidence to the contrary.
Other times, one owner of joint funds might have improperly transferred funds out of the joint account to another, thereby causing the commencement of a lawsuit to recover the improperly removed funds.
What do you do when you become aware of a financial exploitation in a way that is not as clear cut as theft? As an example, what do you do when your father with some type of mental illness has added his second wife’s name to a bank account that was always meant for the family. In another instance, your mother changed her will or trust to omit you in favor of one of your siblings? Or perhaps even worse, what do you do if a caregiver or “friend” ends up receiving everything and the family gets nothing?
Any and all of these should be successfully challenged in court under the right circumstances. In getting the help of an experienced probate litigation attorney, though only when the help is sought before it is too late. It is usually not too late. Even if after the exploited senior passes away. Joint assets, including bank accounts and real estate, as well as will and trust changes, and outright gifts can be set aside and undone on the basis of undue influence, incompetence, fraud and other reasons. But these legal challenges can only succeed if timely action is taken with the help of a good attorney such as Hark Legal.