Florida Guardianship: Bank Accounts Inherited by Guardian, who once was in charge of those funds
In a recent #FloridaGuardianship opinion issued on January 24, 2014, a #FloridaAppeals Court has ruled that the #FloridaProbateCourt which appointed a #Guardian made an error over the #Inheritance of some#FloridaBankAccounts. Those #FloridaBankAccounts belong to the #FloridaGuardian since they were #SurvivorshipAccounts. They don’t belong to the ward’s #FloridaEstate.
- Susan was the #FloridaProbateCourt appointed #guardian of her aunt’s person and property.
- Under#FloridaGuardianshipLaw, a guardian is a fiduciary who must protect and watch out for and manage the incapacitated Florida resident and their property, too.
Q: Can a #FloridaGuardian also be an #EstateBeneficiary ?
- The #FloridaGuardian was in charge of some #BankAccounts titled in both names — titled in the name of her aunt and herself, as well.
WHO GETS THE BANK ACCOUNTS AT DEATH ? : THE #FLORIDAESTATE OR THE #GUARDIAN ?
When her aunt died, the #FloridaGuardianship ended and a #FloridaProbate began. Put another way, the #FloridaGuardian had to wind up and close down the #Guardianship proceeding and now administer the #FloridaEstate.
Under #FloridaProbateLaw, when two names are on a #FloridaBankAccount, there is a presumption — a legal presumption — of a #RightOfSurvivorship, like most true #JointAccounts.
At the #FloridaGuardianship, that is, in the #FloridaProbateCourt, there was no evidence to overcome the legal presumption of a #RightOfSurvivorship regarding the bank accounts.
They belonged to Susan, who also served as her Aunt’s guardian, and now inherited those Florida Bank Accounts under the #FloridaProbateCode.