What is the name of your state (only U.S. law)? Virginia (VA)
My Dad passed away recently and survived by Mom (86) and 5 of us (children).
For the last 15 years we took turn to help them manage their routine finances:
- deposit their Social Security checks
- pay the bills (rent, utilities, food, etc.)
- save the left over in the account for rainy days
My oldest brother was the last one had this job, and now he refuses to return the money to Mom, when she asked him to do so.
It's not big money (~30K in savings) but she is very emotionally upset/distress that one of her children could do this to her.
We, the other children, are not fighting for a share of this money but siding with Mom, since we believe that its rightfully hers.
(The account is under my brother's + Mom's & Dad's names; he emptied it out after my Dad passed away)
My wayward brother, as you can imagine, has been avoiding any communication, and contact to Mom and other siblings except for one email in which he stated that a) Mom had used up her half of the money, and b) Dad told him that he could have the other half.
I'd appreciate any advice on how to deal with this situation.
1-What's law in VA for spousal/children survivorship (sp?) in the absence of a will?
2-What can I do to act on my Mom behalf to get her savings back?
3-Punitive/Criminal implication to my brother for his action
4-Is it constitutes elderly financial abuse in VA?
Thank you for your help.
My Dad passed away recently and survived by Mom (86) and 5 of us (children).
For the last 15 years we took turn to help them manage their routine finances:
- deposit their Social Security checks
- pay the bills (rent, utilities, food, etc.)
- save the left over in the account for rainy days
My oldest brother was the last one had this job, and now he refuses to return the money to Mom, when she asked him to do so.
It's not big money (~30K in savings) but she is very emotionally upset/distress that one of her children could do this to her.
We, the other children, are not fighting for a share of this money but siding with Mom, since we believe that its rightfully hers.
(The account is under my brother's + Mom's & Dad's names; he emptied it out after my Dad passed away)
My wayward brother, as you can imagine, has been avoiding any communication, and contact to Mom and other siblings except for one email in which he stated that a) Mom had used up her half of the money, and b) Dad told him that he could have the other half.
I'd appreciate any advice on how to deal with this situation.
1-What's law in VA for spousal/children survivorship (sp?) in the absence of a will?
2-What can I do to act on my Mom behalf to get her savings back?
3-Punitive/Criminal implication to my brother for his action
4-Is it constitutes elderly financial abuse in VA?
Thank you for your help.