Legal Question in Elder Law in New York

I am jtwros on my fathers brokerage account for 17 years He placed me on it after my mom died. I paid all the funeral bills from this account. My brother and I are executors f the will and he is demanding a full account.I know it doesn't matter but my brother moved to SC 3 months after my father was dx and we took him for all his treatments. We jointly owned a JTwros house and my brothers feels he should get half

Asked on 8/14/20, 8:34 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your father.

I would like to take a more detailed look at the deed to the house to give an exact answer, however if the account and house were owned as joint tenants with rights of survivorship they become yours when your dad died. Your brother is not entitled to any accounting. Your brother is entitled to 1/2 of your dad's estate which was not held 'in trust for', or which had a beneficiary. Of course, he could hire a New York lawyer and make your life miserable whether or not he is entitled to get anything. That being said, if you intend to have a relationship with your brother, then maybe it's a good idea to give him a part of dad's estate. Although he lived far away, he also suffered a loss when dad died. So, consider if you are willing to cut ties with your brother for the rest of your lives. Now that both of your parents are gone there is nothing to keep you two connected, except the bond between siblings. If that is broken, you may never see or hear from your brother again.

Good luck.

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Answered on 8/14/20, 10:00 am

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