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Stacey makes an excellent point in that an account held jointly must be closed out by both owners. That raises the issue of how the brother managed to get the accounts closed only by himself? I think we need some more information here.
Hey guys yes hospital did it my boyfriend was not in right state of could not sign anything went to bank they said they could not tell me anything.and the hospital ethic page made humorons reports and they said the same thing i don't understand im in jersey
Woah slow down, if Your name was on the CD as 1/2 owner, the bank should have let you know before dispensing the,monies. Usually, a person who has a CD, is in a contract to hold the money there for a specific length of time, otherwise, you are breaking that contract, and paying a price to do so. CD's mature in a contract, say 6 months, or one year or more, it does seem unlikely he could have arranged all of this in one day, the day before he died! The bank is in error here, and may be responsible to repay you that money! I'd start at the bank! Was your BF's checking account a joint account? Why didn't the bank notify you on this transaction too? Was it POD= Pay on Death? Had your BF been sick for a long period of time?
This is tragic, and I'm so sorry you are having to go through this! I'm sorry for your loss! It's enough just losing and grieving, but to have to be a victim too, unthinkable! So sorry!
Who signed the alleged POA? Your BF? If he was "not in the right state of mind," I'm wondering what his signature looks like, and especially who the witnesses and notary were. Do you have a copy of this alleged POA?
There had to be a signature that was recognized by the bank when the POA was shown, apparently for the purpose of draining the account. I would think someone at the bank would have required it and made a copy. Get the copy from thebbank, get copies of statements showing your name as a co-signatory and head for the local PD.
Also put a fraud alert on your BF's credit file, even though he's dead. You may have some trouble with this, but if someone behaved in the manner you described, there's not telling what else may have been done.
I'm sorry to learn that your boyfriends' death was marred by such a nefarious sibling.
Jughead, may I ask why your partner was in the hospital, and was he on Hospice care?
Where you the Power of Attorney prior to the change? If not, who was? What does your partner's Will state as to who gets what?
This can be complex as I assumed you and your partner were not married. State laws would come into play. Probably everything would have to go through Probate. The Probate Court might be able to help as both you and your partner assumed everything was still in place as of the his passing. Sorry for your loss.
Oh wow. So sorry to hear this. That your boyfriend died and that his brother took this action. I'm not sure of the answer. Perhaps someone will come along with the right steps for you to take. Just off the top of my head I think I would speak with the bank and with the brother. It seems hard to believe the brother could have done this legally the day before the brother died. POA documents have to be notarized. What was the cognitive condition of your boyfriend? If you don't think he was competent could you get a doctor to sign something saying so? An attorney should be able to advise you on the right course of action. Again, I am really sorry for your loss.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
This is tragic, and I'm so sorry you are having to go through this! I'm sorry for your loss! It's enough just losing and grieving, but to have to be a victim too, unthinkable! So sorry!
There had to be a signature that was recognized by the bank when the POA was shown, apparently for the purpose of draining the account. I would think someone at the bank would have required it and made a copy. Get the copy from thebbank, get copies of statements showing your name as a co-signatory and head for the local PD.
Also put a fraud alert on your BF's credit file, even though he's dead. You may have some trouble with this, but if someone behaved in the manner you described, there's not telling what else may have been done.
I'm sorry to learn that your boyfriends' death was marred by such a nefarious sibling.
Where you the Power of Attorney prior to the change? If not, who was? What does your partner's Will state as to who gets what?
This can be complex as I assumed you and your partner were not married. State laws would come into play. Probably everything would have to go through Probate. The Probate Court might be able to help as both you and your partner assumed everything was still in place as of the his passing. Sorry for your loss.