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Question
I am 1 of 3 brothers. Our grandmother recently passed away and her will stated that all her property, real, personal, or mixed was to be divided equally among ourselves. The problem or question I have is that she had made our youngest brother her power of attorney. She also put his name on a couple of bank accounts she had. He says that she wanted him to have these accounts and not split them with the 2 other brothers. There is no record of this, only he said she said.
My question is can he keep the money in these accounts for himself or should he abide by what is written in the will that it be divided evenly?
Submitted: 195 days and 11 hours ago.
Category: Estate Law
Value: $38
Status: CLOSED
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State/Country relating to question: Kentucky
Already Tried:
tried talking to brother about doing the right thing the fair thing. She had moved into brother's house for the last 15 months of her life. So he says she wanted him to have whatever money was left in her accounts, but didnt say that in her will.
Accepted Answer
If she gave him ownership of assets or bank accounts before she died then when she died they became his legal property. They are not controlled by the will. Only assets or accounts that she was the sole owner of are in her control to bequeathed in her will. So unless you can prove the transfers to him were fraudulent or made under duress, he is right that he does not have to split them.
Expert:
Shelley
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Answered:
9/3/2009
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