Question Details: My elderly aunt passed away in Florida. My aunt's sister started caring for her husband and took over his mail, bills, etc. My uncle has passed away and I am an heir to his estate (along with others). We have come to find out that during the period between the death of my aunt and the death of my uncle less than one year all of his bank accounts were left in her name leaving the estate somewhat depleted. The banking account records were removed from the home (by her) along with other items. Since these accounts aren't part of the will I'm not sure if there's any recourse.
There are certain assets in New York that are not considered part of the estate. They are called
“non-probate assets” and do not go through probate. These include:
Florida also has non-probate assets stated as assets with named beneficiaries, and are not subject to commissions. Assets that can be handled without assistance (probate) include pension accounts, life insurance, CD accounts, annuities and money market accounts. It is important to review all State laws beforehand to avoid any problems upon division of estate.
Part of your question is unclear: who were the accounts left in trust for? Was it your Aunt to care for your Uncle? There is a Will here. If you believe that the money and other assets were improperly used and depleted, the Will should be admitted to Probate as soon as possible and an Executor appointed. The Executor will have the power to inquire as to the assets and take the necessary recourse. You may need to open an estate proceeding in Florida as well for recourse as to those assets. Look for an attorney here (one may be admitted in New York and Florida) att attorneypages.com. Good luck.

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