Legal Question in Wills and Trusts in Massachusetts

Re: boyfriend cleaned out acccounts

Yes, you have recourse -- you will have to go to court and sue the boyfriend. You will need to show the court that

(1) the money came from your mother's assets (little or no contribution from the boyfriend)

(2) that his name was on the account as a matter of convenience, and

(3) she always intended the funds to go to the children.

Be prepared for the boyfriend's counterarguments that it was (1) a joint account and (2) if my girlfriend didn't want to me to have the money when she died, my name wouldn't have been on the account.

I strongly advise that the children pool their funds and hire an experienced probate litigation attorney. This case could well go to trial.

Re: boyfriend cleaned out acccounts

Attorney Golden is correct on all accounts.

You should hire an attorney and you should move against the boyfriend quickly.

Once the assets are spent or otherwise wasted your chances of actually recovering anything greatly diminish (even if you win!).

Re: boyfriend cleaned out acccounts

The previous responses are on target, and expanding upon the theme, the mental capacity of your mother will be at issue, what independent record of her intent there is, etcetera. Also, what, if anything did she do or say when she learned he cleaned out the accounts, assuming that she knew...

Of course, if the boyfriend has already blown through the money, it gets more problematic.

Please feel free to contact my office if you would like assistance in this matter.

Re: boyfriend cleaned out acccounts

Yes, you have a clear right to get the money back. You will have to show the money was put in a joint account for convenience; that the money came from your mother and her intent was the money was to go to her children.

The law on gifts is very clear and intent to make gifts and you will need an attorney who has experience in such matters.

I suggest you and your siblings pool your funds and hire an attorney. I have handled similar matters in the past for clients as have my firm.