Hello,
First I would like to say hello to everyone. I’m new and this is my first post.
In November of 2018 at the age of 84, my mom passed away. She resided with my 57 year old disabled brother in Jensen Beach Florida.
There are 5 siblings in the family, there was no will, and the oldest sibling’s name was put on mom's accounts.
Shortly after mom passing, the oldest sibling, closed all the accounts, put his Florida residence up for sale, and now lives in New Jersey.
Fortunately, a retired lawyer who really didn’t want to get involved, managed to recover 36,000.00 . The estimated amount in question is around 150,000.00 and an empty safe deposit box, which nobody knows what was taken from.
When we confronted the sibling about what happened, we were told there were no accounts, and if we weren’t happy with the answer, to sue him.
No one has anything to do with him anymore. The family’s numbers were all blocked. He stated that we didn’t have enough money to sue.
The siblings are worried about our 57 year old brother.
Are there any resources out there that anyone can recommend to possibly help getting justice for my family?
Of the 5 siblings, the one who took the money and ran, was the one who least needed it.
The family is now broken. I had open heart surgery in June of 2017, and am now waiting for another surgery for an aortic aneurysm.
Its going on two years. What is the statute of limitations in this kind of situation?
For your brother. If he is on any type of assistance, inheriting money could effect his benefits. I am assuming he gets Social Security Disability, Medicare and Medicaid. He is only allowed to have a certain amount of money to keep these benefits. If his SSD is not enough for him to live on, apply for Supplimental Income (SSI). Between Medicare and Medicaid he should not have any out of pocket there. Maybe a small amount for his prescription. Now housing. Try your Housing Authority. He can apply for a housing voucher. Your state may have a program depending on his disability. There is help with electric and heat. Food stamps. Your local Social Service Office can help u with this. Office of Aging can help find some resources for him.
I agree that a free consult with an elder care & fraud attorney is likely a good idea.
Sadly, this type of family theft is all too common. Typically, it is a son, but sometimes women offspring misappropriate funds, too.
If your mother was deemed mentally competent when she allowed your brother to put her money in joint bank accounts, one problem with suing, is that legally the surviving joint owner of a bank account has the legal right in most states to keep those remaining funds, when the other joint holder dies.
Often a parent simply uses the joint accounts for convenience of paying bills and naively trusts that the joint owner of the bank accounts will do the right thing, when she dies.
Likely your mother had some brain related issues at her age, so this might be a good angle to focus on. Witnesses to a deteriorating mental state will be helpful.
If your mother had alzheimers, or dementia you may have a decent case.
If your brother used undue influence or fear tactics to encourage her to put her money in joint bank account in his name, you may also have a case.
However, if your mother was deemed mentally competent, when she added the your brother's name to the accounts, undue influence will be difficult and costly to prove.
The fact that your brother said "you don't have enough money to sue" indicates that he knows what he did and knows it may be difficult and costly for you to prove.
If your mother owned a house, solely in her name, the disabled brother may have the right to still live in that house and selling may present an issue for the brother who sold it and took any profits.
The house would need to go to probate.
If, however, your mother was a renter, and there is CLAIMED to be no money left in your mother's estate, then probate is not needed, technically.