Legal Question in Wills and Trusts in Illinois

My mother passed away in 2012. I took care of her my entire life and my name was on her bank account, but due to being distraught over my mother's death, I gave my brother $25,000.00 even though his name wasn't on the account. When he dropped me after I gave him the money, I realized he took advantage of me (he makes and has a lot more money than I do). He did nothing to help her. There's a chance the company I work for is selling and we might lose our jobs and I have a mortgage to pay among other responsibilities - is there a way I could get the money back?


Asked on 7/15/14, 11:01 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

You can get the money back by persuading your brother to return it. To compel him to do it would be a fruitless endeavor, in my opinion. It appears you didn't have a duty to give your brother anything, but you did. Now two years after your mother has been gone, unless your brother induced you to give him the money by threat of force or by fraud, you're pretty much without a tool for recovery, in my opinion. If you believe you have compelling facts, visit your local attorney.

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Answered on 7/15/14, 11:23 am
Elfreda Dockery Law Office of Elfreda Dockery

The key to how this can be resolved is by the words you used. You stated that you gave your brother $25,000.00. Gave is a derivative of gift. You cannot get a gift back and you did not indicate when you gave it to him, he was supposed to give it back--in other words, it was a loan. You being on your mother's account gave you the right of survivorship to the account, meaning it belongs to you upon your mother's death. You did not indicate that the situation is different. In the future, if you lend money to person and expect it back, but it in writing.

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Answered on 7/15/14, 2:30 pm


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