At the time he asked her if it was ok to take it out,she was not in her right mind and did'nt know what was going on.Is'nt that a form of elder abuse?
2006-10-04 03:18:42 · 8 answers · asked by wyldflwraz 1 in Health ➔ Mental Health
if you can prove she was not in her right mind when he got his name put on her account...such as with comparing doctors diagnosis to the date he added his name..and if he has taken money from it....you might need to contact the elder abuse people and good luck for being a caring sister
2006-10-04 03:44:14 · answer #1 · answered by MotherKittyKat 7 · 0⤊ 1⤋
If he was a co-signer and she the owner; then I am sorry to say he has the right to take the money out. If you can prove that she is unable to take care of herself and that she needs more professional help. An attorney might look at the case, but as is stands your brother has every right until his name is no longer on the account. And in order to do that, the account would have to be closed due to you cannot take someone's name off, it stinks that you can add to an existing account but cannot take off to an existing account. Also, You might want to see if there are any papers naming him the executor or her estate (doesn't just mean house) if he is, then he get's the say so in what happens to her and her belongings. Good Luck.
2006-10-04 10:42:35 · answer #2 · answered by cdb774 3 · 0⤊ 0⤋
I know from experience that if I put my son's name on an account it would be a son I could trust. I feel she knew what she was doing. If she was not in her right mind later there is probably nothing anyone can do. These measures are taken care of by the bank in the beginning. She and your brother both had to sign for him to be able to put his name on the account. This is done for many reasons; one could have been so he could draw the money out if she was unable to or to ensure the money goes to the proper place when needed.
2006-10-04 10:52:13 · answer #3 · answered by Busy Lady 2010 7 · 0⤊ 0⤋
No, if his name is on the account, then it's rightfully his money. It was up to your mother to have not put his name on it when she was sane if she didn't want him to have the money.
What could be challenged would be if the brother's name were not on the account, your mother died, and he took all the money. Probate court would not tolerate that.
2006-10-04 10:26:36 · answer #4 · answered by nido_tr3s 5 · 0⤊ 0⤋
No, unfortunatly not. When my Great g-ma died her son had HIS name on her cd's,and my g-ma (his sister) tried to get them, however he had already cashed them,and she couldn't do anything about it. You can mabey try to file a lawsuit against your brother but no guarantee you will win.
2006-10-04 10:45:10 · answer #5 · answered by babyN 4 · 0⤊ 0⤋
It is a horribl person, who is definately abusing the situation.
2006-10-04 10:26:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No it is not any kind of abuse . you should talk to an attorney and you will be supprised as to what you can do or have to do to protect ...
2006-10-04 10:26:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Nope. Sorry.
2006-10-04 10:20:15 · answer #8 · answered by jessiekatsopolous 4 · 0⤊ 0⤋