My Late Mother's Bank Statement Records

What is the name of your state (only U.S. law)? FLA


My mother passed away on 02/21/2010. After her death we found she had exhausted a 50k equity line of credit and a 10k loan against her Life Insurance. I am totally sure she did not spend the money on herself or her h ouse. I lived with her the last 7 years of her life and her two pension covered her living expenses and she drove a paid off car and I, her son, was giving her $500 month. I am worried she may have been cheated by a dishonest relative. I tried going to the bank to look at her old bank statements but the bank says they will only release that infomation to the executor of her estate. Because of this equity line the home I stood to inherit is underwater mortgage wise and have been advised to let the bank have it back so her estate will not go though probate as there are no probateable assets. Is there any way to get those old bank records?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

That is an alarming discovery! And I’m thinking that you may have a suspect in mind.

But the bank is correct. It cannot legally release those confidential records to anyone other than someone appointed by the probate court with that authority.

So rather than getting initially involved in a full blown probate proceeding and securing an appointment as the personal representative, an alternative might be to petition for your appointment as “Curator” under Florida’s Estates and Trusts Probate Code (Section 733.501 Title XLII Chapter 733).

As I read Florida’s probate laws the Curator is much the same as the office many states, including the Uniform Probate Code, classify as a “Special Administrator”. A temporary appointment the purpose often being to discover, collate and preserve assets of the decedent’s estate.

"The curator may be authorized to perform any duty or function of a personal representative. If there is great danger that any of the decedent's property is likely to be wasted, . .”

Talk to a Florida attorney.