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The account had three owners: my father, my mother and my brother. Mi mother died and my brother withdrew all the money to his individual account and left my father with no money at all. Can I sue my brother and restore my father his money?
pascualina, your best bet is to contact an Elder Law Attorney in the area where your parent's live. Lawsuits are expensive and can drag on for years, the attorney could give you better avenues to use to try to restore said money to the account.
Did your brother give you a reason why he took the money out? It may have been with good reason. Check with him. If he was simply stealing it, let the APS know. I hope he had a good reason. I don't like hearing about people stealing from their parents. That is the lowest.
If all three parties on the account were equal account holders (all of their ss#s were associated with the account) then legally any one of them could take action with the contents of the account without approval from the others. This is one reason that people site when deciding whether to put a child on their account. They could have added brother as an approved signor or given him POA would would only have allowed him to spend for their care...and not take the money for himself. You may be in a pickle. An estate or elder law attorney is a must in this situation.
My mother added me onto her accounts after we ran into problems because I could not access her money to pay bills while she was in a re-hab place. That action caused my name to be added to her printed checks when she re-ordered. I never touched the account for years until I became her POA. Fast forward 10 years, in March while meeting with her lawyer to go over how to handle her estate he told me that all of the money left in her accounts now belonged to me! What? I had not put a dime not her accounts. Sure I had maintained her checking account for her last 3 years but it was not my money. The lawyer did not agree with me that I was going to have the credit union re-name her account to the family trust name so that I could continue to pay her final bills and have a record with the credit union in case anyone challenged how her money was being spent. Legally it is considered hs money too, morally that's a different issue.......Sorry to hear that your brother did this to your family.
Has anyone noticed that a few of us asked questions, in order to clarify the situation and provide better answers, but the OP hasn't been back to respond?
I'm sorry to hear Your Brother withdrew all of the money from Your Parent's Bank Account. That's the meanest thing any Son could do. Pascualina in Your case I wouldn't take legal action against Your Brother. I would let it roll and You will see that Your Brother won't have a days luck for stealing from His Parents. Money that is got wrong will go wrong.
A couple of comments here: First, BeckyTodd and then I'll reply to Pascualina. Becky, please take a deep breath, dear, as I'm worried because your message is SO excited and rambling. I am truly sorry, but it's very hard to follow.
I also think it might be helpful for you to start an entirely new thread by posting your own problem/question. Your problem deserves attention and focus but so does Pascualina's. And your message isn't really responsive or helpful to Pascualina who is in a VERY different situation from yours.
If you would post a new question with more organization it would be of great help to the community in responding to YOUR problem, which I'm sure we would like to do but can't do well, if at all, with what you have posted above.
As I understand it, your question is: "shall I try to put my sister in jail"? So, post that as your question and then maybe LIST all the crimes you believe she has committed — and when — and I hope that will enable readers to give you helpful comments and advice.
all i can say is this is a perfect example of rotten children robbing their parents when they are most vulnerable!!! disgusting!! hope you find an answer here!!!
No. When you put ANYONES name on YOUR bank account THEY have every legal right to the funds as you do. It is literly their money. I am sorda going through this myself. This is what the bank told me. My dad has beginning dementia & im on HIS account. He is almost 73 & HAD 5 women taking his money & NOTHING I could do about it the bank said other than open a new account & transfer all HIS money into MY account because im ALLOWED to because my name is on HIS account & that makes his money legaly MINE and I can do what I want to with that money. They said this is why you BETTER KNOW you can trust WHOEVER you put on your account because it becomes THEIR money as well.
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.
Angel
I also think it might be helpful for you to start an entirely new thread by posting your own problem/question. Your problem deserves attention and focus but so does Pascualina's. And your message isn't really responsive or helpful to Pascualina who is in a VERY different situation from yours.
If you would post a new question with more organization it would be of great help to the community in responding to YOUR problem, which I'm sure we would like to do but can't do well, if at all, with what you have posted above.
As I understand it, your question is: "shall I try to put my sister in jail"? So, post that as your question and then maybe LIST all the crimes you believe she has committed — and when — and I hope that will enable readers to give you helpful comments and advice.
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