Survivorship in VA

[poCal]

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.

 

[OHRoadwarrior]

If he is a listed user on the account, there is likely nothing you can do. He had a legal right to withdraw the money.

 

[nextwife]

Was he acting under a Financial Guardianship?

 

[poCal]

nextwife Was he acting under a Financial Guardianship?

No, he (my oldest brother) is not acting as Financial Guardian/Power-of-Attorney (POA).
It was his "turn" to run the chore so to speak.
Another brother is my Dad's Financial POA.

Thank you for asking.

 

[anteater]

The problem is:

The account is under my brother's + Mom's & Dad's names; he emptied it out after my Dad passed away

When you add a co-owner to an account, you really are adding a co-owner. And, whatever the intentions were for doing so, that added co-owner has all the rights that the other co-owners have. That is why adding co-owners for convenience purposes can be dangerous. You are counting on the added co-owner acting honestly and honorably.

I don't know all the details of Virginia law, but I have to assume, as in other states, that what your brother did would be presumed to be legal. It might be possible to challenge that presumption. But, such a challenge is likely to be somewhat expensive and there would be no assurance that your mother would succeed. You might try calling a few Virginia attorneys on your mother's behalf to run the situation past them. Attorneys with experience in elder law would probably be most familiar with Virginia law in this area.


By the way, this contention by your brother is absurd:

...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.

His legal right to withdraw the money stems from being a co-owner. Not from which co-owner already used whatever amount and not from what your Dad told him.

 

[poCal]

The problem is:


When you add a co-owner to an account, you really are adding a co-owner. And, whatever the intentions were for doing so, that added co-owner has all the rights that the other co-owners have. That is why adding co-owners for convenience purposes can be dangerous. You are counting on the added co-owner acting honestly and honorably.

I don't know all the details of Virginia law, but I have to assume, as in other states, that what your brother did would be presumed to be legal. It might be possible to challenge that presumption. But, such a challenge is likely to be somewhat expensive and there would be no assurance that your mother would succeed. You might try calling a few Virginia attorneys on your mother's behalf to run the situation past them. Attorneys with experience in elder law would probably be most familiar with Virginia law in this area.


By the way, this contention by your brother is absurd:


His legal right to withdraw the money stems from being a co-owner. Not from which co-owner already used whatever amount and not from what your Dad told him.

If we had even a hint of his not acting honorably and honestly this wouldn't have happened, but that's always the case in the hindsight

His argument/contention for his action is beyond absurdity - that's why Mom is so emotionally upset.

Thanks you for your reply.