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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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A 84 year old father w 2 adult children. The son, in ...

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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?
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.
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Customer: replied 9 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.
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.