Adult Child Took Parent's Money in Florida: Your Options

Short Answer: When an Adult Child Moves a Parent’s Money in Florida

Whether that works depends on whose property it was and what authority the adult child held.

Searches for “adult child took parent’s money Florida” cover many different facts, so the paperwork is the place to start.

Leslie V. Marenco is the attorney responsible for this page. Trust Counsel, PL practices from its Coral Gables office. The firm advises and represents trustees, personal representatives and beneficiaries in probate and trust disputes.

One set of facts can raise more than one claim. Each route has its own proof and its own remedies. Siblings often notice a problem before anyone knows which claim fits.

Ownership Comes First: Trust Property, Individual Accounts and Joint Accounts

The first question is who owned the money, because the rules change with the type of account. Money held in a trust follows the trust terms and Florida’s Trust Code, Chapter 736. A trustee must run the trust for the beneficiaries. Fla. Stat. § 736.0802 says a trustee “shall administer the trust solely in the interests of the beneficiaries.”

Money in the parent’s own name is handled differently. If the parent is alive, an adult child who acted under a power of attorney is an agent. Fla. Stat. § 709.2114 provides that an agent is a fiduciary who must act only within the scope of authority granted in the power of attorney.

Joint accounts are harder to sort out. The account paperwork, the source of the funds and what the parent intended often decide the question. The adult child’s name on the account does not settle it. Compare the account documents with the bank records before drawing any conclusion.

Trust and Probate Remedies: Accounting, Recovery and Removal

To remedy a breach of trust that has occurred or may occur, a court may order the trustee to account, to restore property, and in some cases to remove the trustee. Fla. Stat. § 736.0813 also requires a complete copy of the trust instrument on reasonable request.

Fla. Stat. § 736.1001 provides that a violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. To remedy a breach of trust that has occurred or may occur, the court may, among other remedies listed in the statute, compel the trustee to perform the trustee’s duties, enjoin the trustee from committing a breach of trust, order a trustee to account, suspend the trustee, remove the trustee as provided in s. 736.0706, or reduce or deny compensation to the trustee. Liability is then measured under Fla. Stat. § 736.1002, under which a trustee who commits a breach of trust is liable for the greater of the amount required to restore the trust property and distributions or the profit the trustee made by reason of the breach.

A court may remove a trustee who has committed a serious breach of trust. Fla. Stat. § 736.0706 allows the court to remove a trustee who has committed a serious breach of trust. For a personal representative, Fla. Stat. § 733.504 lists removal causes, such as failure to account for estate property. Which remedy fits depends on the trust terms and the records.

Financial Exploitation Claims When the Parent Was Vulnerable

Under Fla. Stat. § 732.8031(1), a surviving person who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, for conduct against the decedent or another person on whose death that beneficiary’s interest depends, is not entitled to any benefits under the will of the decedent or the Florida Probate Code, and a final judgment of conviction creates a rebuttable presumption that the section applies. Florida defines “elderly person” and “disabled adult” in § 825.101. Fla. Stat. § 732.8031 says a surviving person convicted of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult, for conduct against the decedent or another person on whose death such beneficiary’s interest depends, is not entitled to any benefits under the decedent’s will or the Probate Code. A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that the statute applies.

The Consumer Financial Protection Bureau guide explains financial exploitation of an older adult. It also explains how to report suspected elder financial abuse to Adult Protective Services or the police.

Questions often arise when a parent signed papers under pressure, when transfers happened while the parent depended on the adult child, or when money moved without the parent’s clear direction. Those facts call for review. They do not prove a claim on their own.

A protective report and a civil claim run on separate tracks. They have different proof and different remedies, and one does not replace the other. The parent’s capacity at the time, and the timing of each change, can matter a great deal.

The Records That Decide the Claim

The records showing where the money went usually decide the claim. Gather them before any dispute starts, keep originals as they are, and do not alter or discard anything.

Start with bank and brokerage statements for the period in question. Include transfer and wire records, signature cards, cancelled checks and deposit records. Add the trust instrument with all amendments, and any power of attorney with its date. Tax returns and Forms 1099 can show income and transfers that account statements miss.

An agent under a power of attorney must keep a record of all receipts, disbursements and transactions made for the principal. Florida law sets out the duties an agent owes the principal. If more time is needed, the agent must explain why in writing and comply within an additional 60 days.

For estates, a personal representative must file a verified inventory of estate property. Unless an inventory has been previously filed, Fla. Stat. § 733.604 requires a personal representative to file a verified inventory of estate property, listing it with reasonable detail and including each item’s estimated fair market value at the date of the decedent’s death. Upon written request to the personal representative, a beneficiary is entitled to a written explanation of how an inventory value was determined, or a copy of any appraisal. A residuary beneficiary or heir in an intestate estate can request this for all inventoried assets; any other beneficiary can request it for assets distributed or proposed to be distributed to that beneficiary.

Taxes, Debts and Estate Obligations That Surface Later

Unpaid taxes and debts can shrink what is left for beneficiaries. They often come up when someone reviews the accounts. Final income tax returns, estate filings and creditor claims all affect how much money remains to distribute.

Before you assume money is available for recovery, find out what the estate or trust still holds. If you see unexplained account activity, ask about these obligations early. Early questions show what the accounting should contain, and they can reveal gaps before those gaps grow larger.

When the Matter Belongs With a Litigation Attorney

A matter belongs with a litigation attorney when an accounting is refused or the records show transfers no one can explain. Other warning signs include sudden changes to a trust or beneficiary designation, and a parent who could not manage money at the time of the transfers.

Fla. Stat. § 709.2116 sets who may ask a court for relief. The principal or the agent (including any nominated successor agent), a guardian, conservator, trustee, or other fiduciary acting for the principal, a person authorized to make health care decisions for the principal if the principal’s health care is affected by the agent’s actions, a governmental agency with regulatory authority to protect the principal’s welfare, an interested person with a good-faith belief that court action is necessary, or a person asked to honor the power of attorney may petition. If a conflict-of-interest challenge is brought by or for the principal and evidence shows the agent or an affiliate of the agent had a personal interest in the exercise of the power, the agent must prove by clear and convincing evidence either that the agent acted solely in the principal’s interest, or that the agent acted in good faith in the principal’s best interest and the conflict of interest was expressly authorized in the power of attorney.

The same statute says the court shall award reasonable attorney fees and costs in challenges to an agent’s authority.

Some families resolve these disputes through mediation. The American Arbitration Association describes mediation as a process that may offer a faster resolution than litigation. Keep communication with siblings measured and in writing. Whether a matter stays with Trust Counsel or goes to another lawyer or firm depends on the facts.

Talk Through Your Parent’s Accounts With Trust Counsel

If you think an adult child moved your parent’s money or trust property, a short conversation can clarify which claim and which records matter. Families in this position often feel torn between loyalty to a sibling and the duty to protect a parent’s assets. Talking it through can help you sort out your options.

Bring the account history, the trust or power of attorney, and the dates of each transfer. Leslie V. Marenco, the attorney responsible for this page, practices from Trust Counsel’s Coral Gables office. Trust Counsel offers a free first consultation that is confidential and carries no obligation to continue. Call (305) 707-7126 or schedule a consultation online.

Frequently Asked Questions

Can taking a parent’s money be a crime under Florida law?