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What type of document was signed? A power of attorney, a Will, a Trust, deed, something else?
Is the father suffering from any mental disability like dementia or Alzheimer's that would affect him understanding the document?
Has the younger sibling done anything improper or illegal with the document?
Ok, thank you for that information. Just so we are clear, a Power of Attorney doesn't make someone executor....it has to specifically name them in the will. A POA just shares the grantor's power to undertake financial matters with someone else.
But if brother had father sign something putting brother on as a joint account owner with father, and father was medically incompetent due to any medication that he was under, that would be grounds for the executor to file suit against brother on behalf of the estate and seek to have that designation thrown out.
This would require the person challenging it to get his doctors to testify that he was heavily sedated at the time he signed and couldn't mentally understand what he was signing. Then the judge can throw out the joint account designation and that means that father would be the only on on the account again and those funds would go into his estate to descend according to his will.
If brother has taken the money and spent it, he would be personally liable to repay the estate for the money that he obtained by his fraudulent actions.