How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legaleagle Your Own Question

legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
4622441
Type Your Family Law Question Here...
legaleagle is online now
A new question is answered every 9 seconds

A 84 year old father w 2 adult children. The son, in ...

Customer Question

A 84 year old father w 2 adult children. The son, in his 50''s, had always lived with his parents and father & son moved together into the sons new home. The father than sold the family home. He put the proceeds of the sale into a joint account with the son. The father than died in a accident in the sons truck. which the son was driving. Dad had been of sound mind and body. The 2 adult children are the only heirs. We don''t think we can find a will. There have never been problems or animosity between the dad and his kids.   We think the son may not be intent to share dad''s money with his married sister. We fear that he feels that, because he never left his parents, he''s gets to all their money. He offered us Dad''s car, but we don''t know the balance of the loan. It''s been almost a month. Had the family house not been sold, the son would not be in any position to take sole ownership of it. Can the sister do anything to get her share?
Submitted: 6 years ago.
Category: Family Law
Expert:  legaleagle replied 6 years ago.
If the bank account had been in the father's name only you would have had a case to take it to court to divide equally between the children even without a will. But bank accounts that are jointly owned pass to the surviving owner upon the death of one of them. If you can find a will that states you dad wanted the money to be divided between the children and not all go to the jooint owner, then you would have a case to take the issue to court to decide.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 9 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
This is very unfair to the sister,my wife. It is unfair from a father to his daughter if this is what he meant to happen with the joint account. She thinks her mother, if still living, would have never let this happen. It is unfair of her brother
to, keep all the money, whether or not it was the dad's intent. If it was dad's intent it may be because the brother has more need. His need is not from lack of income. Our income are not much different. We have saved for our future security while he sees any extra money as means to another new truck. We think a will was prepared by a lawyer who died more than 10 years ago. He worked from his own office, no longer exists, so there's no way to know where his files went. We can do a search to see if the will was recorded at the county. Or maybe the brother is going to share the money after all and I have misread his intent.
Expert:  legaleagle replied 6 years ago.
If you find the will that would be helpful. Hopefully the brother will realize that it is unfair for him to keep all the money. The only other option is to claim that your brother used fraud or duress to get the father to make the checking account a joint one and he should not be entitled to the money due to his manipulation. But that will cause more family discord and you have to decide if the money is worth it. I wish you the best.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney