my brother was staying with my mother and handling he personal business, the day that she died he moved all of the money from a joint account to his personal account. She was impaired and he was taking care of her personal business. her money was automatically deposited and can be traced to her. he is spending the money , he says it is his because his name is XXXXX XXXXX it was a joint account . he contributed nothing to the account all of the money can be traced to her. dose all or part of it belong to the estate, Or is it his personal property?her jewelry and other valuable Items are missing while it was in his care is he responsible for it.?Thanks
State/Country relating to question: North Carolina
talking to him about it, he insists that it belongs to him because his name was on it. he also wants to be the administrator.
Welcome. This site allows for a general response that will help you with your legal issue. If necessary, for specific advice contact a local attorney. Did your mother have mental capacity when he was living with her?
she had diminished capacity from alcohol and drug addiction, she had been evaluated at the hospital by a doctor a week before she died by a doctor , they recommended taking her to a treatment facility , she couldn't dress and take care of herself so none would take her. the doctors written evaluation was substance abuse and malnutrition. the Death certificate includes alcohol use as a cause of death. there was no court involved
Thank you for the additional facts. If you need clarification of this answer, hit reply and ask a follow up question. I am happy to help. There are various ways to have a joint bank account. For example, if a person's name is XXXXX XXXXX bank account "for convenience only" then the money stays in the estate of the decedent and the other person on the joint bank account is not entitled to the money. If your Mother did not have capacity or you believe that your brother had undue influence over your Mother so to put his name on the bank account, then you would bring this to the attention of the Court through a motion and let the Court make a decision. Note, unlike in a divorce, the decedent could have deposited all the money in a bank account and upon death the other joint bank account holder could get the money. However, if it appears that the bank account was for convenience only, or there was a lack of capacity, or undue influence, then it could be argued that the money should stay in the estate. Note also, that either your brother or you have standing to petition the court to be the administrator. If you need clarification, hit reply and let me know. Otherwise, please provide a positive rating so I receive credit for the services I am providing you. Thank you.DamienBosco41100.4664564815
Helping You with Estates, Real Estate and Business Law.
Hi Charles:I just want you to know that I am available for your future legal questions. Feel free to contact me. You can book mark my page as set forth below.Best regards, Damien BoscoTo Bookmark - copy and paste the following address to upload page to bookmark: http://www.justanswer.com/law/expert-expert-damien-bosco/
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).