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?
Did your brother give you a reason why he took the money out? It may have been with good reason. Check with him. If he was simply stealing it, let the APS know. I hope he had a good reason. I don't like hearing about people stealing from their parents. That is the lowest.
If all three parties on the account were equal account holders (all of their ss#s were associated with the account) then legally any one of them could take action with the contents of the account without approval from the others. This is one reason that people site when deciding whether to put a child on their account. They could have added brother as an approved signor or given him POA would would only have allowed him to spend for their care...and not take the money for himself. You may be in a pickle. An estate or elder law attorney is a must in this situation.
pascualina, your best bet is to contact an Elder Law Attorney in the area where your parent's live. Lawsuits are expensive and can drag on for years, the attorney could give you better avenues to use to try to restore said money to the account.
Angel