Legal Question in Wills and Trusts in Illinois

You can get the money back by persuading your brother to return it. To compel him to do it would be a fruitless endeavor, in my opinion. It appears you didn't have a duty to give your brother anything, but you did. Now two years after your mother has been gone, unless your brother induced you to give him the money by threat of force or by fraud, you're pretty much without a tool for recovery, in my opinion. If you believe you have compelling facts, visit your local attorney.

The key to how this can be resolved is by the words you used. You stated that you gave your brother $25,000.00. Gave is a derivative of gift. You cannot get a gift back and you did not indicate when you gave it to him, he was supposed to give it back--in other words, it was a loan. You being on your mother's account gave you the right of survivorship to the account, meaning it belongs to you upon your mother's death. You did not indicate that the situation is different. In the future, if you lend money to person and expect it back, but it in writing.