Legal Question in Wills and Trusts in Texas

Being sued by an estate

My step-great-aunt was released from mental hospital free to do as she pleased with a diagnosis of bipolar disorder and possible dementia in Oct 07. In Nov 07 she added me to her bank account as a joint owner with right of survivorship. She told me and another family member that because I was the only person taking care of her that she was leaving me over 100K from the account and I could have the money now. In Dec 08 she fell. Her doctor told us at his office that he supported a POA and not a guardianship because she scored an 8 out 30 on her mental exam. He said she was still able to determine who the POA should be. I am being sued by the estate, who live in another state and made no action to take care of her. They are suing for the the entire amount plus damages because they feel she was incompetant to sign the POA. I transferred the gift of money she gave me before she died and the estate says I lost my protection to the money because I made no deposit to the funds of my own money. How can I be sued for someone gifting me the money? If she was incompentant should the doctor have been obligated to report this to someone?


Asked on 8/07/08, 1:49 pm

2 Answers from Attorneys
Nicholas Dupre Stone and Associates, LLP

Re: Being sued by an estate

The short answer is, you need to get a lawyer as soon as possible if you haven't already. There are a lot of issues here that need to be addressed and really cannot be properly answered using this forum. Regarding the money, if the account is held as joint tenants with right of survivorship, the money in the account might already be yours.

There might be conflicting documents however and you need to verify the status of the account, i.e. are you positive that it has a right of survivorship clause? Also, you said these people are out of state...do you mean the estate was opened in another state? If that's the case you'll need a to contact a lawyer in that state. The incompetency issue and breach of fiduciary duties issues regarding the power of attorney require a face to face conversation with an attorney where you can lay out all the facts (as do the other issues). Good luck and please find an attorney.

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Answered on 8/07/08, 2:36 pm

Re: Being sued by an estate

I need more information before I can speak with you intelligently. First, was there ever a guardianship? Second, did she have a will? Third, do you have the documents from the bank showing you were on the account?

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Answered on 8/07/08, 4:07 pm


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