What to do if my brother is accusing me of taking financial advatage of my late mother?

My mom had no Will or Trust. Her only 2 assets were a bank and a brokerage account that she set up many years ago JTWROS with only she and I listed on it. Then, her eyesight was 20/20, she wasn’t deaf and she was living independently in her own home. About 2 years ago, she went blind and deaf, and she moved in with me. She passed a few days ago. My brother is suing me for half the money in the JTWROS accounts that I have sole ownership of since her passing. He said that he will try to prove that I took advantage of her handicaps and falsified documents to create the two JTWROS accounts. Does he have a case?

Asked on October 26, 2014 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  It is not so easy in this type of forum to determine if he has a case.  It is, though, his burden to prove that you in some way "unduly" influenced your Mother in to creating the accounts or possibly kept her from changing them if she chose to do so.  It can be very difficult and costly for both sides involved.  I would suggest that you seek legal, help with all the documentation that you have, as soon as possible. Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  It is not so easy in this type of forum to determine if he has a case.  It is, though, his burden to prove that you in some way "unduly" influenced your Mother in to creating the accounts or possibly kept her from changing them if she chose to do so.  It can be very difficult and costly for both sides involved.  I would suggest that you seek legal, help with all the documentation that you have, as soon as possible. Good luck.


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