is my relative breaking the law?

[electricdoc]

What is the name of your state (only U.S. law)? Pennsylvania

My elderly uncle died without a will, his wife is senile and unable to make sound decisions. Their adopted son went to the bank the same day my uncle died and withdrew $50 thousand from my uncle's account. He also takes $600 a month from the same account for his personal use. I think that all that money still belongs to my aunt and should be used for her health care even though she is not capable of handling it. I want to confront my cousin but need to be aware of all of the legal issues before hand. What can I do to protect my aunt from being tossed in the street penniless?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Pennsylvania

My elderly uncle died without a will, his wife is senile and unable to make sound decisions. Their adopted son went to the bank the same day my uncle died and withdrew $50 thousand from my uncle's account. He also takes $600 a month from the same account for his personal use. I think that all that money still belongs to my aunt and should be used for her health care even though she is not capable of handling it. I want to confront my cousin but need to be aware of all of the legal issues before hand. What can I do to protect my aunt from being tossed in the street penniless?

A) Whose names are on the checking account?
B) Was the estate probated?
C) How long ago did your uncle die?
D) Who is your aunt's guardian?

 

[Zigner]

And one final question: How is the OP privy to these financial matters?

 

[electricdoc]

A) Whose names are on the checking account?
B) Was the estate probated?
C) How long ago did your uncle die?
D) Who is your aunt's guardian?

A) my uncle and my cousin
B) No
C) march 2012
D) unknown

 

[electricdoc]

And one final question: How is the OP privy to these financial matters?

My cousin offered up the info at a family gathering, he had a lot to drink and was bragging about paying off his mortgage.

 

[Zigner]

A) my uncle and my cousin

Then, it's your cousin's money.

 

[electricdoc]

Then, it's your cousin's money.

Thanx so much for your help, it is greatly appreciated.

 

[Just Blue]

Their adopted son

I am sure you mean to state "Their SON".

Right?

 

[anteater]

Of course, you could open probate and petition the court to order cousin to return the funds to the probate estate on the theory that uncle did not really intend a right of survivorship when your cousin was added to the account. Also, of course, it would be good to have some evidence of that before embarking.

I wonder if the cousin paid the PA inheritance tax on half the value of the account.

 

[electricdoc]

Of course, you could open probate and petition the court to order cousin to return the funds to the probate estate on the theory that uncle did not really intend a right of survivorship when your cousin was added to the account. Also, of course, it would be good to have some evidence of that before embarking.

((I wonder if the cousin paid the PA inheritance tax on half the value of the account.))

I checked with the county court, he has one year (from march 7, 2012) to pay any owed inheritance taxes, nothing has been done regarding the estate as of last week.

 

[anteater]

I checked with the county court, he has one year (from march 7, 2012) to pay any owed inheritance taxes, nothing has been done regarding the estate as of last week.

It's actually 9 months from the date of death before penalties and interest kick in.

 

[ecmst12]

Can someone who isn't a potential heir open probate?

 

[OHRoadwarrior]

It appears PA has 2 types of joint accounts. One with survivor-ship and one in common. Only the executor would have standing to inquire on the status of this account.