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My hadicapped brother received a life insurance check when…

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My hadicapped brother received a...
My hadicapped brother received a life insurance check when our mother passed. I'm am his guardian order my the courts. This money was in mine and my step dads account he spent all the money is there anything I can do.
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/9/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Hi JACUSTOMER-cbnadi46-. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-How was he able to access your bank account?

How old is he?

Is he handicapped or are you a guardian because of age?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

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Customer reply replied 8 years ago
This was my moms and brothers account and he added me on to this account because my brothers social security went into this account and I put the 10,000 dollars into this account and wrote deposit only and he was born mentally retarted.My brother is 39 and My step dad of 24 years is 65
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Dear JACUSTOMER - If your brother's name is XXXXX XXXXX account it would mean that he is entitled to withdraw money regardless of your guardianship. I'm not certain of the history of the account or whether he has taken money before but if you leave the money exposed in a place where he has access then you can't stop him from taking it.

 

If someone used his disability to coerce him out of the money then you would have an action of fraud against that person but you can't sue your brother for using his own money from his own account. I would suggest that you talk to the bank to put a restriction on the account. Of course, if there was a restriction and the bank had a record of this then you may have an action against the bank for allowing the withdrawal.

 

As his guardian you have the power to control all of his finances but you must take the proper steps to see that those finances are protected.

 

Dave Kennett

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Customer reply replied 8 years ago
no my step father took my hadicapped brothers money.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Sorry - I thought your brother took it. You can sue your step father however it may be difficult to prove a crime if it is a joint account and he has legal access. This goes back to protecting the assets as a guardian for your brother. I would get him a new bank account separate from the step father. You will have to sue the step father for misuse of the funds. You can sue for fraud and ask for punitive damages and attorney fees.

 

Dave

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Customer reply replied 8 years ago
If I never used the account except one time and thats when my step father moved out and left my handicapped brother and sister alone. Now he wants me to get my moms and his house out of his name so the kids can remain in the house they were born in.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Only he can get the house out of his name by signing a quit claim deed. There's nothing you can do to get the property out of his name. I have no idea what this has to do with the life insurance money but all he has to do is sign a deed giving his interest to you and your siblings.

 

Dave

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Customer reply replied 8 years ago

about the account that I only withdrew money 1 time .

Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

I'm sorry but I just don't understand what you are talking about taking money one time. It doesn't matter how many times you take money out of an account if you are authorized on the account.

 

Dave

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dave Kennett and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago
I can prove that he spent all his money or transfer it out of his account. would this maybe help me.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago

Yes however the fact that he took what didn't belong to him should be enough.

 

Dave

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