Legal Question in Wills and Trusts in Illinois

Is this my account?

For 23 yrs. I had a checking account with my Mom & Dad. Both have passed away. I had carte blanche to write checks, pay bills, etc. My name was on the statements and on the checks. When my Dad passed away, the lawyer for the estate said that was my money. At the bank, they said that was my money, and ultimately, I closed the account(which the bank allowed me to do). Now my brother's lawyer is saying this was a ''convenience account'', and it should be part of the estate. (He's disgruntled because I am the executor, so he's giving me a hard time at every turn.) Am I entitled to keep this money?


Asked on 5/17/04, 10:12 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Is this my account?

It would seem from what you have stated in your posting that the evidence is in your favor that this was not a "convenience" account.

A convenience account is generally established for someone to assist another (disabled, or elderly) person to pay bills and accept deposits such as social security, etc. The money in such an account is never meant to be shared.

If your attorney and the bank have determined that this was NOT a convenience account, you are probably standing on solid ground; however, given the claim that has now arisen, a trip back to your attorney is probably in order. Hopefully, a letter from him to your brother's attorney will put the issue to rest.

Good luck to you.

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Answered on 5/18/04, 8:28 am


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