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Irwin Law
Irwin Law, Attorney
Category: Estate Law
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Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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TO Joseph; Florida, Estate/probate question. My mother

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TO Joseph;

Florida, Estate/probate question.

My mother has been hospitalized a lot this yr. I am/was the executor. My brother does daily caretaking. In her dementia, and 3 mo hospital stay she can't remember I believe he convinced her to change will and add him to bank accts.

Is there any "notice" or letter I can file/deliver to banks/accounts when she passes away notifying them that the family is disputing the estate and to freeze all assets even if it is joint until we can file probate?
Hello and thanks for the question. That question should be asked directly to the bank. I suspect that the answer will be that upon the death of one joint owner of the account the law in FL immediately vests title to the account in the surviving owner. I therefore doubt that the bank can or would freeze the account absent a court order to do so. Thus, you will have to consider some kind of guardianship action for your mother while she is living in order to obtain jurisdiction over any of her assets. A Power Of Attorney will not work, unless she's still mentally competent to sign one.
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