Legal Question in Wills and Trusts in Indiana

***REPOST***

When my mom passed away in early September, I was told by Social Security that I could receive her last Social Security check. The only thing I was required to do was fill out the paperwork to receive the money and leave her bank account open so it could be sent to me. I filled out the paperwork and Social Security informed me since the money was already in her account, Social Security will have to take it back first and then re-issue it TO ME back to the bank account. After talking with Social Security, I called my aunt(whose name is also on my moms bank account) and told her to leave the bank account open because Social Security will be sending me money. I told her I needed her to take me to the bank and add my name to the account so I could access the funds when it arrived. She had an issue with that. She said she had money in the account as well. I asked her was she going to be keeping the account, she said no. I told her she could withdraw her money, add me to the account and then remove her name from the account that way it would just be my name and my moms name on the account. She acted as if she had a problem with that but she eventually agreed.

A week later I receive my moms bank statement saying the money had been deposited. I called my aunt and left a message asking to call me back so we can set up a time for me to get the money. She never returned my calls. For a whole week, I called over over and over, left her messages with her husband and with other family members and she never called back. Then I received another bank statement saying she had withdrew the money and closed the account. Again, I was blowing her phone up, I even went passed her house and knocked on the door and got no response. She NEVER contacted me. That led me to believe she knew exactly what she was doing.

Do I have a solid case? If so, where do I start? FYI: I dont have money for a lawyer.


Asked on 11/14/12, 4:42 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

File in small claims court.

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Answered on 11/14/12, 5:13 pm


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