My brother formed joint bank accounts with my mother who was demented before she died. She had made out her will which stated all the assets be divided equally but since she had formed joint accounts with my brother the intent of the will could not be honored. My brother got all of the money. Shouldn't the beneficiaries have access to her finacial records? The banks say no. Because of privacy laws, my brother cannot be proven guilty of fraud.
2006-08-07 10:31:53 · 4 answers · asked by Kuntree 3 in Family & Relationships ➔ Friends
You can legally contest the Will on the basis of these things (these elements can differ from state to state). You would have to get an attorney who specializes in probate stuff:
1. The competency of the decedent (person who passed away) to make a last will and testament.
2. The freedom of the decedent at the time of the execution of the will from duress, menace, fraud, or undue influence (put the wrong influence on them to make them a beneficiary).
3.The due execution and attestation of the will by the decedent or subscribing witnesses; or,
4. Any other questions substantially affecting the validity of the will must be tried and determined by the court.
2006-08-07 10:40:15 · answer #1 · answered by pierson1953 3 · 0⤊ 0⤋
That's kind of a shitty situation, but I can see it happening. I'm no expert on the legal system, but I think the most likely reasoning would be that when you open a joint bank account, it's just that... A bank account containing the financial property of 2 or more parties. There is no line seperating one persons money from the other, and because you brother is still living, he is now the sole holder of that bank account, and all financial property contained within. All records regarding the bank account are his as well, and therefore the bank is unable to release any of those records to you as he is still living and you have no claim to HIS account. He could easily claim that all money in that account was placed there by him, and that she had joint access to it because she wasn't able to support herself and needed somewhere to draw funds from for needed items, and there is no way that they could easily prove him wrong. The best argument in this case would be to have a lawyer get a subpoena to get her bank records prior to the joint acconunt being opened, so that one could see what the balance was prior to the account being opened. If you can prove that she was not in a clear-thinking state of mind, or that she was "tricked" into opening the account with him, then you may be able to get some of the funds that they can prove were hers prior to the account being open. First and foremost, have you talked to your brother? Maybe this is as easy a fix as you just talking to him about things and seeing if he was willing to split up the money.
2006-08-07 10:43:26 · answer #2 · answered by Alberta Sunrise 3 · 0⤊ 0⤋
Who has given a reliable answer. If there's a will the makes different provisions, it may ought to bypass by ability of probate. it truly is continuously reliable in jointly owned money owed and different sources for it to belong to party x "or" party y. no longer x and y.
2016-11-23 14:48:20 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Nope. Since his name was on the account all the money goes to him now that she has passed, sorry
2006-08-07 10:36:54 · answer #4 · answered by real_sweetheart_76 5 · 0⤊ 0⤋