Legal Question in Wills and Trusts in Massachusetts

Re: bank account

I am sorry for your loss of your Mother.

Retain an attorney to represent you in the administration of your Mother's estate and discuss with that attorney the possibility of proving that the bank account you mention was set up "for convenience only" and should be returned to the estate as an asset of the estate. Good Luck!

Re: bank account

Thanks for your message. Whether a joint bank account passes to the surviving account holder is a fact-based inquiry. I wrote about this subject a couple of months ago on my blog; in the posting I explain all of the facts that go into determining whether the proceeds in the bank account go to the surviving account holder or the estate. Please go to my web site at www.lawfang.com and click on "My Blog"; this will lead you to the explanation. I would be happy to discuss the details of this with you.

Re: bank account

You will probably not be able to take any action until you are appointed executor of your mother's estate by the probate court.

I am very sorry for your loss.

Re: bank account

In all likelihood, both of your names were on there jointly, so that from a legal perspective, the bank would have been correct to give him 100% of the proceeds if requested. Did the bank look at the paperwork establishing the account and confirm this?

Have you tried talking to your brother?

The Will does not have any bearing on the bank account itself, but of course you can use your authority as executor to even things out - calculate how much of his withdrawal was due to you and give him that much less when you finally do liquidate whatever funds you have power over as executor.

If family dynamics are such that you cannot work this out with your brother, you may want to enlist the aid of an elder law attorney.

Good luck.

Re: bank account

In all likelihood, both of your names were on there jointly, so that from a legal perspective, the bank would have been correct to give him 100% of the proceeds if requested. Did the bank look at the paperwork establishing the account and confirm this?

Have you tried talking to your brother?

The Will does not have any bearing on the bank account itself, but of course you can use your authority as executor to even things out - calculate how much of his withdrawal was due to you and give him that much less when you finally do liquidate whatever funds you have power over as executor.

If family dynamics are such that you cannot work this out with your brother, you may want to enlist the aid of an elder law attorney.

Good luck.