Legal Question in Wills and Trusts in California

When my father died my older brother took control of my mother's finances. She has a history of drug problems and was unable to care for them herself. After her death it was revealed that he put the bulk of her money in an IRA account listing himself as sole beneficiary. Everyone I attempt to hire has told me they can not help me. Is it true? Can he actually be allowed to get away with such actions? No one knew how he had arranged the account he kept the arrangement secret until I finally got to see the paperwork. The paperwork was all filled out by him it only had her signature


Asked on 12/10/11, 2:06 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I am not positive but I believe the IRA should pass into the estate and is not like insurance policies that go directly to a named beneficiary. The facts you present sounds like elder abuse, breach of fiduciary duty, etc., but the fact that no attorney would take your case suggests there are some important facts you have left out, such as a problem with the statue of limitations, etc. You can call me at 510-441-2684 and we can discuss the matter at no charge for about 10-15 minutes.

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Answered on 12/10/11, 4:21 pm


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