Legal Question in Family Law in Indiana

Is it legal for my step father to remove all money from their joint account when he does not have power of attorney over my mother? He says he did it "because he is going to pay all the bills". Mother is 82 and on oxygen. He did not ask anyone before doing this, not even my mother. He is showing signs of greed as he has taken her off his life insurance and started "hoarding" all their money. Is there any way our mother could get half of what she has earned beside getting a divorce from him? We are having a hard time watching him treat her like she has already passed away. He is also determined to give everything to his 2 daughters and mothers children are to get nothing. They have been married over 30 years.

Asked on 10/24/13, 9:52 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Generally speaking, if the property is owned jointly, he can do as he pleases. However, contact a local attorney as there is a possibility that you may be able to assert a constructive trust on the belongings, depending upon all of the circumstances.

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Answered on 10/24/13, 10:04 am

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