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Richard, Attorney
Category: Legal
Satisfied Customers: 55325
Experience:  Attorney with 29 years of experience.
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My dad passed wanted to know if i can sue my sister for

Customer Question

my dad passed wanted to know if i can sue my sister for going to his account and taking money from atm . after his death . she says he told her the pin and wht to do with the money when he pass can she take money out of his account since she has the pin Number
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New jersey
JA: Has anything been filed or reported?
Customer: to his bank
JA: Anything else you want the lawyer to know before I connect you?
Customer: there was a will is she was not in it
Submitted: 10 months ago.
Category: Legal
Expert:  Richard replied 10 months ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Yes, you do have a claim against your sister. Once your dad died, unless she was a named beneficiary on that account, she had no right to access that account at all. Rather, it became an asset of your dad's estate and subject to the terms of his will, and if he had no will, subject to the NJ intestate succession laws. And, until someone is appointed by the court as executor of her estate, no one has any authority to draw any funds out of that account unless a joint account owner or named as a beneficiary in the event of the death of the account holder.

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