Do attorneys keep a copy of the will?

[tranquility]

Also, if joint ownership trumps the will then what's the point.

Exactly. If the money was all in joint accounts there is nothing for the will to distribute. It's not a trump, it's a different game.

 

[Zigner]

It comes down to being morally right or legally right. It is unfortunate that more people can not be both.

It was never your money (or your mom's apparently) to begin with. Personally, I find it morally offensive that people assume they have a "moral" right to ANYTHING that's not theirs.

 

[mdconnor]

It was never your money (or your mom's apparently) to begin with. Personally, I find it morally offensive that people assume they have a "moral" right to ANYTHING that's not theirs.

Sorry you are morally offended by my quest for my Aunt's true wishes. I was under the impression a will was prepared to make a persons wishes known.

 

[Indiana Filer]

Sorry you are morally offended by my quest for my Aunt's true wishes. I was under the impression a will was prepared to make a persons wishes known.

But when your aunt put it in accounts with joint ownership, she was making her wishes known. Her wishes were that the joint owners get the money after she dies. Her wishes were obviously that you get nothing.

 

[mdconnor]

I would like to thank those that provided meaningful feedback to this thread.

Unfortunatly it appears there is no moderation here so brainless trolls are are allowed to roam freely. That is to bad.

 

[seniorjudge]

I would like to thank those that provided meaningful feedback to this thread.

Unfortunatly it appears there is no moderation here so brainless trolls are are allowed to roam freely. That is to bad.

Your questions are moot since all this happened long ago; nothing can be done about it now.

 

[Dandy Don]

Was your aunt suffering from a disease or taking medication that would have affected her mental capacity and subject her to possible undue influence from the uncle? If you were able to find out whether the uncle obtained power of attorney to handle her affairs, you might be able to make a case for abuse of power of attorney if you could uncover evidence of that through how the assets were handled.

 

[mdconnor]

Your questions are moot since all this happened long ago; nothing can be done about it now.

It may be moot from a legal standpoint but lets review a few things I said in this thread:
-----
"I just want to know if the wishes of the deceased were followed."
"I do not plan to file a law suite but want to know if my Aunts wishes were followed. "
"I just want to know for sure what happened."
"That is why I want to read the will so I will not have to assume. It is important to me to know who is friend and who is foe."
"My main goal is to know the truth so I can properly categorize each family member."
----
I am not looking for money, I am looking for information.

When I was care giver and then executor of my Mothers estate I had my name on most of her accounts. It seems I could have walked with $400,000 when she died and told my brother and sister to shove it. Isn't that why a 84 year old woman paralyzed from a stroke plus moderate alzheimer's would allow my name on her accounts, so I could screw my siblings out of there share of the money? Most people do not even realize a name on someones account could over ride a will. I would think that even the legal system would have provisions to put things in prospective.

 

[mdconnor]

Was your aunt suffering from a disease or taking medication that would have affected her mental capacity and subject her to possible undue influence from the uncle? If you were able to find out whether the uncle obtained power of attorney to handle her affairs, you might be able to make a case for abuse of power of attorney if you could uncover evidence of that through how the assets were handled.

I talked to my living aunt and she said there was no POA. It was all done through joint ownership of the accounts. In one case my uncle the executor used his power of joint ownership to remove my aunt from joint ownership of property and accounts without her knowledge. Then he was able to keep all the money for himself. According to the parasite trolls on this site the deceased wanted my uncle to have all the money since his name was the only on on the account.

To answer you other question, my Aunt did have Alzheimer's to a point she did not leave the house by herself because she could not find her way home.

Thanks Don, I am glad an Okie is one of the good guys.

 

[Dandy Don]

Please give a more exact explanation of how he could use his "power of joint ownership" to remove your aunt's name. And what were the assets that he owned jointly? And also explain why if you were the joint owner at one time why she would have decided to name the brother as joint owner. Did he obtain guardianship or conservatorship over her?

If it's possible that her medical records show she was diagnosed with Alzheimer's during the same time that she signed the will, the will is going to be invalid anyhow. I think you are naive to assume that the attorney is going to give you a copy of it. Your only way to get legal authority to find out exactly what happened with the assets is to open up probate.

DANDY DON IN OKLAHOMA ([email protected])

 

[tranquility]

If it's possible that her medical records show she was diagnosed with Alzheimer's during the same time that she signed the will, the will is going to be invalid anyhow.

Not true. That is certainly a fact or circumstance which a person can try to get a court to declare another incompetent, but is hardly determinative and would have no effect on a will until a court declares the now-deceased person incompetent. I think the odds of this happening for a death which happened six years ago is....zero.

 

[anteater]

Just for the record, since the OP says that he/she does not intend to take any action...

I don't doubt that your living aunt told this to you:

It was all done through joint ownership of the accounts. In one case my uncle the executor used his power of joint ownership to remove my aunt from joint ownership of property and accounts without her knowledge.

But I am highly skeptical that your living aunt is relating this accurately. Any financial institution that would "remove" a joint owner without that owner's consent or proof that the joint owner is deceased is potentially in deep doo-doo.

 

[mdconnor]

Just for the record, since the OP says that he/she does not intend to take any action...

I don't doubt that your living aunt told this to you:

"It was all done through joint ownership of the accounts. In one case my uncle the executor used his power of joint ownership to remove my aunt from joint ownership of property and accounts without her knowledge."

But I am highly skeptical that your living aunt is relating this accurately. Any financial institution that would "remove" a joint owner without that owner's consent or proof that the joint owner is deceased is potentially in deep doo-doo.

Remember that my living aunt is on my side. The exact quote is:
Edit - Her name was removed from everything.-

"I have copies of ****'s bank statements, signature authorizations and CD's that *** gave me. On all of them are the names of D** *, G***** * and A*** ******. I also have a signed copy from *** stating that cash accounts were not part of the will and were to be shared equally by surviving persons or all to the last one alive."

I just got off the phone with the bank and they told me that one joint owner can NOT remove another joint owner from an account, before or after death. However, a joint owner, at any time, can close the account and reopen with different names. This rule may vary in different states.

 

[anteater]

I just got off the phone with the bank and they told me that one joint owner can NOT remove another joint owner from an account, before or after death.

Agreed - and what I was pointing out. But I hope that you are not interpreting that to mean that the deceased joint owner's name cannot be removed from the account.

 

[JOEYBELLO]

It seems money was taken by ownership and not inheritance. That is why I want to read the will so I will not have to assume. It is important to me to know who is friend and who is foe.

Wow MDconnor we seem to be in the same boat. I feel exactly like you and I am trying to get a copy of the will and findout how this crap went down also. I feel like if they had nothing to hide why wont they show us?