Legal Question in Wills and Trusts in California
family member taking control of mother's $$
My father passed away a couple years ago and my mother was left was a significant amount of cash. Recently, a family member has decided to take control of these funds and is slowly establishing accounts in his and my mother's name only (joint accounts). My mother has said she wants the money divided evenly between the children; however, with these joint accounts, is he the sole beneficiary? And if this is the case, what recourse do the remaining children have if any? There is no will or trust (except for the house). Thank you.
1 Answer from Attorneys
Re: family member taking control of mother's $$
if the accounts are true joint tenancy accounts the balances will legally be owned by the surviving joint tenant at first death.
your mother needs to retain an attorney to properly advise her and prepare an estate plan.
if you believe that she is incompetent or incapacitated, you can file a petition for a conservatorship of her person and estate.
in the case of undue influence or deceit, it may be possible to file a complaint (and obtain a restraining order) under the elder abuse laws.
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