Legal Question in Wills and Trusts in Ohio
Dreyfus Fund Account
My sister left a Drefus Fund Account to me, TOD....I have since transferred it and have access to the funds...however, her caregiver has been pursuing
trying to get this money...when my sister left this to me it was her intention that I give it to her caregiver upon my sister's death...my sister passed away in Feb/06...since then the caregiver wrote a very nasty letter to my family that she wanted nothing more to do with the family or our money (which would include this TOD account, as my father opened this account for my sister to be gifted yearly)...I am withholding the TOD from her, as I feel LEGALLY there is nothing she can do to get it...am I correct??? I have also just received a letter from a lawyer threatening to litigate this matter for her...please help...since my sister legally left this account TOD to ME is there anyway the caregiver has legal recourse??? thank you!!!!!!
1 Answer from Attorneys
Re: Dreyfus Fund Account
She doesn't have much of legal leg to stand on. If the bequest wasn't in the will, then there is little legal basis for her claim. She would have to prove that your sister transferred it to you in trust for the caregiver. Someone would have to substantiate her story. However, you said that you knew that the sister gave the money to you in her will to give to the caregiver. That's where the case would probably go. Wonder if there is anyone else who could corroborate the caregiver's story. I bet she knows somebody.
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