Legal Question in Wills and Trusts in California
Children's rights
Can a brother who's sister dies and
leaves two small children and doesn't
leave a will, clean out her savings and
checking account because he's a signer
on them, legally?
Asked on 4/21/08, 11:06 am
3 Answers from Attorneys
Phillip Lemmons, Esq.
Phillip Lemmons APC, Attorneys at Law
Re: Children's rights
No he can't take any of his deceased sister's assets. They belong to the kids.
Answered on 4/21/08, 11:48 am
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Children's rights
Answered this in the first post.
Answered on 4/21/08, 1:36 pm
Stanley Moerbeek
The Law Offices of Stanley L Moerbeek
Re: Children's rights
From the bank's and probably the police's point of view, there is nothing they can or will do if the brother was a signer on the account. To prevent this problem a probate should be filed and the administrator will have to pursue the brother in court to get the money back for the kids. If there isn't very much money involved the crooked brother may get away with it.
Answered on 4/21/08, 1:39 pm
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