Legal Question in Banking Law in California

My brother didnt fallow through with any of our dad last wishes or abide by what our dad ask that we both do once he passed.

my dad gave me the house I wasalready living there with my son.

My dad asked my brother to give me his truck. I think that really pissed my brother off. He has taken every car when any one of our family members have passed away.

Dad told both of us not to fight to just split all the moneys from several bank accounts and also investment funds he had even between the 2 of us. Well to this day it has never happened.

Two days before dad died brother said he would be late coming to the hospital he was joining a gym.

I thought it was a little weird but my brother has always freaked out if you ever question him about any thing he does.

Well he wasnt at the gym he was at the bank cashing 2 of our dads check totalling over 300,000,00

Then a week later we had a wake at the house and he left the next day out of the country but before he left the day of the wake he said were not in any kind of big hurry to close the bank account all that could wait till he was back from his trip what was I gonna say like he would have just not left well that wasnt going to happen. we never did antthing he says he owes me nothing that just part of it can i sue him


Asked on 9/22/10, 4:20 am

1 Answer from Attorneys

I'm sorry for the loss of your father.

Given the amount of money involved I think you should consult with an attorney to discuss your options.

The first issue that is raised is whether the $300,000 was your father's money but which your brother merely was a signatory. In that case an action against your brother certainly sounds merited.

Other issues arise such as how your father "gave" you the house, i.e., whether he actually transferred title in the house or whether he simply "told" you that it was going to be yours.

You really should gather any and all paperwork such as all wills, trusts, etc., that your father prepared as well as title documents to your house and meet with an attorney. It may be necessary to file a probate with the court. However, without further information it is impossible to advise you.

I would be happy to discuss this matter with you.

Sincerely,

Caleb

email: [email protected]

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Answered on 9/27/10, 11:03 am


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