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Intestate joint accounts

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R

Roman

Guest
My father recently died without a will. He left behind a house worth 300K and bank accounts worth 2 million dollars. My brother's name appeared on all these accounts jointly because my father needed help signing checks. At age 88 my father had a history of cataracts and memory troubles.
My brother is now suing me to take 50% of the only house. I've lived in this house for 25 years since it was a wedding gift.
My brother has recieved 1 million dollars and I stand to lose my home.

I wish to appeal and fight this . Do you think there is any hope of claiming he has taken his inheritance already??
 


I

illinoisestateplan.com

Guest
I think there are several issues here. You need to see an attorney ASAP to protect your interests. What stage is this estate in? If the house was in your dad's sole name it will have to go through probate. If you and your brother are the only heirs, then yes he will get 1/2 of the value of the house. The other issue is those joint accounts. Is your brother claiming that the joint accounts are now all his? Generally, that is the way it works. But, from your description, it sounds as if you may have a strong argumenet that those were "convenience" accounts. For an intestate estate, wither of you can petition the court to be administrator. I suggest you get an atty right away and do that. I cannot stress enough -- get an attorney!! What state is this in?
 
R

Roman

Guest
Thankyou for your quick reply. The estate is in probate. I have a young friend attorney who managed to make me the administrator of the estate because I was living in the house w/ my father as the primary care giver and because I agreed not to get the 1% fee. I was also managing agent of my home which was still in my father’s name when he died.

Yes, my brother is claiming all joint accounts are his. He has been unemployed for 15 years but lived very well by manipulation of funds. My father could not see well and had to trust my brother’s word. After my father had two seizures a tremendous amount of money disappeared .

We are now pre- trial in NY city. In the deposition I have shown that my brother was unemployed for the last 15 years but was claiming 100,000 dollars on tax forms. I have all the bank books which show that my brother and decedent would use the money to pay bills on my father’s real estate. My brother never deposited money into any accounts and now there is not much left.
My lawyer says this is a long shot but we will claim my brother has already taken his inheritance and that all accounts were convenience accounts. How do I prove that accounts were “convenience” accounts?
Also, can the courts force my brother to disclose tax forms and net assets at time of my father’s death?
 
I

illinoisestateplan.com

Guest
Any evidence that that tends to show that your brother was a joint tenant for purposes of having access to the accounts to pay your father's bills due to his incapacity would be helpful. In that regard, if you can show how the funds your brother accessed were spent, it could be helpful. If your brother lived close to him and you lived far away this is also a positive factor. As far as your bro pillaging the accounts before death, there isn't much you can do about that - this a reality of joint tenancy, whether your dad intedned it or not. As far as already taken the inheritance, it will depend on NY state law. In IL, this argument would be a loser unless you had some written statement signed by the father saying that gifts should be treated as "advancements". I don't see how your bro's financial situation at date of death is relevant.
 

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