Does Probate Have Authority Over the Funds?

It’s natural to wonder who has access to bank accounts when a loved one passes away. Talk to a Pompano Beach estate litigation lawyer if you are wondering who is holding family funds. The answer often depends on whether the assets are part of the probate estate.

While probate gives the court authority to oversee the administration of an estate, that does not mean the court physically holds the funds. Instead, the probate process provides a legal framework for collecting assets, paying debts, and distributing what remains to beneficiaries. 

The Role of Medical Documentation in Guardianship and Probate Litigation

When families disagree over a loved one’s mental capacity, emotions often run high. Whether the dispute involves appointing a guardian, challenging a will, or questioning the validity of a trust or power of attorney, one type of evidence frequently carries significant weight: medical documentation.

In Florida guardianship and probate litigation, physicians’ notes, dementia evaluations, neuropsychological testing, and cognitive assessments play a central role in determining whether an individual had the capacity to make important decisions. Talk to a Pompano Beach estate litigation lawyer about how these records provide an objective foundation for resolving highly contested cases.

Important Types of Medical Evidence

Many disputes center on a person’s mental state at a specific point in time. There may be questions surrounding whether the individual understood the extent of their assets or if they were capable of appointing someone as their agent. Medical records can help answer these questions by documenting diagnoses, physician observations, and changes in cognitive functioning over time.

Rather than relying solely on conflicting testimony from family members, courts often consider objective medical evidence alongside witness statements and other documentation. Several forms of medical documentation frequently arise in contested guardianship and probate matters, including:

• Physicians’ office notes documenting memory loss or impaired judgment.
• Dementia or Alzheimer’s disease diagnoses.
• Neuropsychological evaluations measuring memory, reasoning, and executive functioning.
• Cognitive screening tests such as the Mini-Mental State Examination (MMSE) or Montreal Cognitive Assessment (MoCA).
• Hospital records following strokes, traumatic brain injuries, or other neurological events.
• Medication histories that may affect cognition or decision-making.

Viewed together, these records can help paint a clearer picture of a person’s mental capacity at the time important legal documents were signed.

Recent Florida appellate decisions continue to demonstrate how important medical evidence can be in probate litigation. In Reeves v. Gross, decided by Florida’s Third District Court of Appeal in 2025, a grandson challenged his grandfather’s will, arguing that the decedent lacked testamentary capacity because of cognitive decline. Since the decedent had already passed away, a psychiatrist reviewed the decedent’s extensive medical records to form an opinion.

Discuss your situation with the estate attorneys at Mark R. Manceri, P.A. Book a confidential consultation today.