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C.Ann

<font color=green>We'll remember when...<br><font
Joined
May 13, 2001
Messages
33,206
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Get a probate attorney.....quick.
 
Probate attorney. NOW. Do you have an attorney you trust? Call him and ask for a reference. ASAP. Tomorrow. Morning.

There are a couple different kinds of joint tenancy (joint tenants in common, sometimes called JTIC, and joint tenants with right of survivorship, sometimes abbreviated to JTWROS) - they have different tax consequences. If you're JWTROS, you'll be able to access whatever funds are left in that account without passing them through the estate - a huge blessing.

Probate attorney ... NOW ...
 
Caradana said:
Probate attorney. NOW. Do you have an attorney you trust? Call him and ask for a reference. ASAP. Tomorrow. Morning.

There are a couple different kinds of joint tenancy (joint tenants in common, sometimes called JTIC, and joint tenants with right of survivorship, sometimes abbreviated to JTWROS) - they have different tax consequences. If you're JWTROS, you'll be able to access whatever funds are left in that account without passing them through the estate - a huge blessing.

Probate attorney ... NOW ...

What she said!


:wave:
 

Nothing is going into probate.. Mom is still alive and in a nursing home.. However, certain monies were shielded and we're afraid that the witch is spending it off as fast as she can.. :confused3

We don't care about receiving any money ourselves after Mom is gone, but we do NOT want that witch spending one red cent of Mom's money.. We'd rather see it ALL go to the nursing home!!
 
That's fine, but I would still talk to an attorney if you want to make sure that nothing was improperly done and to protect the interests of your Mom and her eventual heirs. If there are multiple people concerned, split the attorney cost. An attorney still would be able to smell a rat, if there is one. This seems like an estate issue and a probate attorney could be a valuable asset. Just pay for an hour's consultation.
 
C.Ann said:
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Oh there will definitely be an attorney involved.. My brother has already contacted one up here to investigate all of these "odd" happenings.. The retainer is steep, but it will be worth every single penny if we can nail this witch to the wall..


Good to hear.... :thumbsup2 In a situation like this, it's potentially risky to take chances and a professional could mean all the difference. Best of luck!
 
Didn't something come up about your name on with your mom a couple of years ago? I think you posted about it..is this the same account?

When my mom made out her POA for me (and also my little old lady we take care of), my hubby was named as second, in case something happened to me. Perhaps that's what happened here...your brother had it, and then his wife took over if he couldn't. And if it's a full POA, your sil can have a ball, if she's not honest. If she was the exector, she would have to let you guys know what she's doing with the money, and have an accounting, but as a POA, she doesn't (unless your mom is about to apply to medicaid, then they get involved with the percentages spent..but I believe you said before that isn't the case). What you might want to do, while waiting for a lawyer, is get your mom to assign you or your brother as a POA, and revoke the sil.
Then, kick your brother in the butt..you tried to tell him to take the accounts, but noooo, he wouldn't listen.
 
Oh C.Ann I can understand everything you are talking about, several years ago my mother found out her own sister had their mothers accts. put in joint tenancy with her alone, even though the will stated that the assets would be split 50/50 between the sisters. My mother got absolutely nothing even though she was the one taking care of her mother. Money does strange things to people even if they are related. My mother and her sister never spoke again........all because of money. And although her sister was one of these "devote catholics" she proved what kind of person she really was when it came to the cash. Grandma just didn't understand completely what she was signing and at that time that my mom figured things out she was still alive although it was irrevokable. Good luck with this mess.
 


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