Legal Question in Wills and Trusts in Louisiana
Money belongs to who?
My sister put her name on my mother''s bank accounts to keep it from being frozen after her death. Now she says the money is her''s BUT after she pays the bills and herself for being off work for 3 weeks she will divide it. My mother was actually incompetent when they did this, because she had lost her recent will and could not make out a new one because she was incompetent. So has to go by a will from 1995.
So is this money actually my sisters to spend how she wants without being accountable BEFORE she decides what is left to split?
2 Answers from Attorneys
Re: Money belongs to who?
The money is not your sister's.
I sugest you contact a lawyer experienced in estate & succession work immediately. If she plans to cut corners for her benefit in one matter she might benefit herself in other ways as well.
Re: Money belongs to who?
Dear LawGuru Friend,
No, the fact that your mother put your sister's name on her account does not make it your sister's money. The money belongs to your mother's estate; and you can take steps immediately to have yourself named the administratrator(trix) of your mother's succession (estate) and immediately notify the bank to freeze the account and turn the money over to you as the succession representative. However, if you have your mother's will, that needs to be considered. Your sister does not have the legal right to just use the money as she sees fit and to pay herself for her lost time and services; yet, if you do not take steps to prevent her from doing that, it may reach the point to where there is so little money left that it is not worth fighting over. Any lawyer can take steps immediately to have you immediately placed in charge of your mother's estate. Of course, your sister may be able to go to court later and have you removed as succession representative (admiministratrix or executrix, if there was a will), but she has it to do and she will have to have good cause to do so. Someone needs to be legally in charge; and, as you have stated it, your sister is not legally in charge of your mother's estate, including your mother's money. There is more to it all than this, but this is something to think about. Feel free to call me to discuss this. There is no charge for just talking. I am not soliciting your business, however; it is just my nature to want to be of help if I can be. Louisiana is full of great lawyers, of which I am only one lawyer. Good luck!
Sincerely,
Hardy Parkerson, Atty. - Lake Charles
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