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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Does 772.11 over ride "joint tenancy" laws

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In Florida, does statute 772.11 over ride "joint tenancy" laws regarding a bank account when one owner is over the age of 65 (Mother) and the other is only 52 (Daughter). This account has been in existence for over 14 years and 90 year old Mother is demanding entire amount of funds by hiring an attorney and filing civil charges under statute 772.11. Police and attorneys are saying daughter MUST give ALL of the funds to Mother or be prosecuted and risk paying trifold the amount of $40k that was in the account. I sent over 1/2 of the money and they refused it as they want the entire amount. This account was created prior to the passing of my Father however Mom says it is hers after his passing.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the account is held in both names, the mother and daughter, then in order for 772.11 to apply, she has to prove you took money to which you had no right. However, if your name is XXXXX XXXXX account with your mom's name then as joint tenants you both have joint and several ownership of the entire account and as such both of you are owners of the entire account and any division has to be determined by the court, but it is not generally theft from the elderly.

What you can do, and you need to ask the attorneys, is you can turn over the money to the registry of the court or place it in escrow until you get the court case over ownership of the funds decided and you would have to sue mom for this to get a declaratory judgment regarding the funds and ownership of them.

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