My brother took all the money from parent's account. Can I sue my brother?

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The account had three owners: my father, my mother and my brother. Mi mother died and my brother withdrew all the money to his individual account and left my father with no money at all. Can I sue my brother and restore my father his money?

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Please help me to understand. If your father is alive, why is he not pressing charges? How is he living?
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all i can say is this is a perfect example of rotten children robbing their parents when they are most vulnerable!!! disgusting!! hope you find an answer here!!!
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Dotville wrote:

"The father's account that he is joint on in order to help Father becomes entirely his asset if he is sued due to the accident! In other words, the court can order all the money in the joint account be paid to cover the lawsuit. "

Dot, what is your source for the statement that the account would segue to be solely the asset of the son? I think it really depends on how the account is titled and how ownership is held.

Secondly, unless the son has no insurance, his auto insurance carrier will pay the defense attorney of its choice to defend the lawsuit. That means the insurance carrier foots the cost of the lawsuit.

ONLY IF there is a judgment which exceeds policy limits will the plaintiff's attorney look to what other assets might exist. And in my experience from auto neg cases decades ago, typically any catastrophic judgment would in fact be handled by the plaintiff's attorney. The judge presides over the trial (unless it's a bench trial which auto neg cases generally aren't) until its conclusion, then the case is dismissed, with prejudice.

It's been more than a few decades so court rules may have changed, but I've never heard of any procedures such as you wrote about.

I'm wondering what the source is for your comments. Could you elaborate, please?

And KatieKat, the OP posted 6 days ago and hasn't returned. That happens a lot, especially if the OP doesn't get the support anticipated for his or her question.
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Could we try to make our responses a little shorter and keep on track with the original poster? BeckyTodd should start her own thread/question.
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If your brother used your parents money for his own benefit even if his name is on the account that seems highly illegal to me, consult an attorney. It's not only theft, it's elder abuse.
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I have a heads up to all that become joint on an account. Picture this if you will...Father, daughter and son are joint on Father's account as he is aging. Son gets in a car accident and is sued. Guess what? The father's account that he is joint on in order to help Father becomes entirely his asset if he is sued due to the accident! In other words, the court can order all the money in the joint account be paid to cover the lawsuit. Pretty scary, huh.
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My brother made himself POA for my mom...Mom signed the papers but told me she didnt understand them ( she has dementia). He also had a trust set up for medicaid eligibility. Well, lo and behold, after 5 years she did not qualify for medicaid b/c he took $$ out of the trust.,,..,.yes... $300,000. We have to beg for annual statements and he refuses to give us a run down on what the money was used for.....lots of withdrawals but not reason specified. This is entirely against the "laws" of the trust. He started a family feud and is impossible to deal with. Thoughts?
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Part two continuation due to limited space in box:

As long as funds are going into this joint account, you don't know that the brother may not still continue taking unnecessary amounts of money from the account and leaving your dad hi and dry. This is why I would go for guardianship and take over all of his affairs including financial. This will give you all power over even the bank account and other assets. As a guardian, you can secure your dad's money and even build him up a savings. Sometimes a senior's life can turn out to be so much better, even too good to be true when things are going just right.
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I don't know if you're your dad's guardian, so I don't know if you can go after your brother. However, I don't agree with the brother stealing all of his dad's money, I strongly agree this is wrong despite being a co-owner. In order to cut out this kind of problem, I heard of a working solution that one couple actually used that few people ever use. Each person should first have their own checking and savings account in only their name. Then, there should be the joint account that all of the bills are paid from. Each person having their own account outside the joint account is for extra money that can be split between the parties. This sounded like a very good idea that I think more people should consider so that there are no disagreements over money coming from a joint account. I strongly agree with someone who mentioned that when you're on a joint account, the money becomes just as much the other person's money as it is the person who put that other person on the account. For instance, when my foster dad put me on his account, his money became just as much mine but I had to use reason to make sure all of his bills were paid and he was able to buy groceries. Sometimes it's trial and error as to knowing how much to take from the extra money left over because sometimes you must take less out of the extra money in the joint account. This is where communication is key to sparing each other any misunderstandings or hard feelings. What you're describing is exactly why it's not really a very good idea to have other people on your bank account to start with because things like this can very easily happen. Yes, elders can very easily be taken advantage of if the wrong person is put on their bank account because the wrong person can actually end up taking everything. Sometimes joint accounts come with the problem of one party taking too much, but it takes discipline to reduce how much you take until both parties agree. I personally don't like the idea of joint bank accounts but on the other hand it can be very helpful if the person who has you on their account makes more money than you. This is because sometimes some situations permit someone to help you along as long as you don't let it get out of hand. One thing I must mention that before moving to another account or doing anything with the account as a co-owner, you might be required to have both parties come in and agree and maybe even sign something before making any changes. I faced this as a co-owner on my foster dad's account, I don't recall what the situation was, but both of us had to come in together in agreement and have it done together. That's why I'm not sure you'll be able to do anything with the account in question without guardianship. Guardianship gives you power over the person's affairs and you can actually remove the other person from the account, but be careful if they happen to also have money coming into the same account. This is where you as the guardian would have to remove the person from the account and move them to a new one, leaving the other person on the account as long as they have their own money coming into that same account. In other words, if you were to take guardianship of your dad and both parties have money coming into the same account, you could remove your dad from the account and move his money to a new account. You could do this as long as both parties on the joint account have money coming into that account. If not, you can remove the name of the person who doesn't have money coming into the account and block their access to that account. At this stage though, I'm not sure whether or not you'll be able to do much to get that money back if your dad is mentally unstable and there's no guardian. If the brother who took the money happens to be on fixed income with no assets, then he would be judgment proof. You can sue anyone you want, but if they're judgment proof you won't get anything from them since they have nothing. This would be the case in an SSI only situation where there are no other assets. When a person is on SSI, they can own a home and even one car for doctors appointments, both are exempt from consideration against a person's SSI eligibility as long as the person actually lives in that home and they only have one car. In that particular situation, I'm not sure you would even be able to get anything from the person who stole the money if he happens to get SSI, owns the home he lives in, and has only one car exempt for doctors appointments. However, if he happens to work, you could have his wages garnished by court order. This doesn't stop him from quitting his job to dodge the garnishments, this happens a lot because they will find a job that will pay cash under the table. What I would suggest you do now is alert the APS to the problem and see if you can get a hold of an elder care attorney who can help you gain guardianship of your dad.
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That's a VERY good point, GardenArtist, and I confess that I had not. I JUST received this question from AgingCare.com and failed to notice they were sending it out well after the fact and after lots of answers had been posted. I wonder why they do that???

I usually spend a good deal of time on my answers and I did on this one -- perhaps too much -- so I surely hope that they are helpful to others reading, not just the Original Poster. However, for my own sake I'm going to be more careful in the future about investing a lot of time in replying to a questioner who doesn't seem to care enough to comment -- or maybe even to check back. Thanks for the headsmack, GardenArtist! Blessings, Lolli
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