QUESTION
Do I have any recourse if I was duped out of money that should be mine?
Asked on Oct 18th, 2013 on Estate Planning - Michigan
More details to this question:
My mother willed all of her money to me and now I find out that my brother had a 2 million joint account with her that he never brought to the table when she made her will at age 96. Apparently she was not aware of this account or she would have included it in her estate to be shared with me.
11 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can initiate a probate action against your brother to obtain the funds if you can prove that your mother did not intend for him keep all the money for himself or if there was some sort of fraud or coercion involved against your mother.
Answered on Oct 23rd, 2013 at 1:58 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Depends on whether the account was a survivorship account or the circumstances surrounding the placing of his name on the account. You may have to start probate court proceedings to sort it out.
Answered on Oct 23rd, 2013 at 11:19 AM
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Probably not. Generally speaking joint accounts pass to the survivor by law upon the death. Joint accounts are not subject to a Will.
Answered on Oct 22nd, 2013 at 6:34 AM
Edwin K. Niles
Joint property goes to the surviving joint tenant. It will be tough to prove that she didn't understand.
Answered on Oct 22nd, 2013 at 6:33 AM
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It depends upon how long ago this was, if your brother still has the money, and if there was some influence by your brother involved. Honestly, you should not waste time on internet discussion of this issue.
Answered on Oct 21st, 2013 at 2:07 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Probably not. If the account was made joint for "convenience purposes only," then you have an argument. Unfortunately, the burden of proof is against you. The best evidence that an account was for convenience purposes alone is an express statement to that effect, in the Will. In the absence of that, you have an extremely difficult case to prove. A very highly skilled litigation attorney is a must if you hope to have any realistic chance of prevailing. Even then, the odds are stacked heavily against you.
Answered on Oct 21st, 2013 at 1:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. You would have to prove that the joint account was created by your mother under undue influence by your brother. Not easy, but if a million dollars is on the table you should be able to get a lawyer to help.
Answered on Oct 21st, 2013 at 1:24 PM
You can file suit in court to recognize this additional asset as part of your late mother's estate. However since the account was held jointly by your mother and your brother, he does have some claim to the funds.
Answered on Oct 21st, 2013 at 12:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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This is your story. Your brother's story is that she put the money in a joint account as his share of her estate, which is a fairly common practice, not normally with that amount of money. You can try and fight it, but I think it will be very difficult.
Answered on Oct 21st, 2013 at 11:41 AM
Your recourse is to contact an attorney immediately who specializes in estate litigation.
Answered on Oct 21st, 2013 at 10:23 AM
Usually a joint account is not part of the will. Given the amount involved, better see a lawyer to see what can be done. Was there any undue influence exerted by your brother? When was the joint account established and money added?
Answered on Oct 21st, 2013 at 9:16 AM