Legal Question in Wills and Trusts in California
My wife of 53 yrs has just died, without a will or trust. appeartly my brother-in-law convinced her to make him her power of attorny without my knowing, and now i went to the bank were he withdrew all of the 15,000 that was in a joint account of hers and mine. did he have the legal right to do so? we also have some properties in oklahoma and our family home we, i , live in - in ca., he has taken all of my tax papers and deeds. can he transfer these things with out my knowledge or approval? thanks
5 Answers from Attorneys
His authority to act on your wife's behalf expired upon her death. Not only did he defraud you and your wife, it appears that he might have engaged in elder abuse by overcoming her free will. In addition, of course, he had no right to use those funds or take deeds for himself, as that violated a fiduciary duty to you and your wife. Get yourself an attorney who has knowledge of elder abuse issues. The attorney could put a stop to, and perhaps reverse all of the mischief and theft he has caused, and bring in attorneys in other states to help out. Good luck!
Mr. Cohen is entirely correct. The bank also has liability if his name was not on the account and they had reason t believe she was dead.
I suggest speaking to a competent attorney as soon as possible.
The other attorneys are completely correct. If you would like to make an appointment to meet in my Walnut Creek office to discuss whether I can help you, please give me a call or send a private email.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
