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My 92 year old mother was diagnosed with Alzheimer’s Disease in April of 2021 and soon became unable to manage her checkbook. My brother volunteered to help but several months later, I noticed his name listed on the account with hers as a joint account.
When I asked her if it was a convenience account or right of survivorship she was unable to understand the concepts but said it was only to pay bills and that she did not intend for him to have that money.
I found a link to a similar case that might be relevant: https://mwglaw.com/legal-challenge-t...ship-accounts/
It sounds like when the account is set up is crucial to determining its purpose.
Mom died several months ago. The estate inventory arrived today from the family lawyer and, my brother was listed as the owner of that account.
I intend to contest this but don’t have a lot to go on. The will contains language about equal division of assets between the two of us and we are listed as co-executors, another expression of her desire for equal treatment of her two sons.
My arguments in probate court would be “Why would she put language in the will about equal division of assets and then give my brother the contents of that account?” Secondly I question her ability to understand anything she was signing at the time.
Need advice on how to pursue this.
When I asked her if it was a convenience account or right of survivorship she was unable to understand the concepts but said it was only to pay bills and that she did not intend for him to have that money.
I found a link to a similar case that might be relevant: https://mwglaw.com/legal-challenge-t...ship-accounts/
It sounds like when the account is set up is crucial to determining its purpose.
Mom died several months ago. The estate inventory arrived today from the family lawyer and, my brother was listed as the owner of that account.
I intend to contest this but don’t have a lot to go on. The will contains language about equal division of assets between the two of us and we are listed as co-executors, another expression of her desire for equal treatment of her two sons.
My arguments in probate court would be “Why would she put language in the will about equal division of assets and then give my brother the contents of that account?” Secondly I question her ability to understand anything she was signing at the time.
Need advice on how to pursue this.
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