If my brother was on a Trust checking account with my late mother but I was not, who is entitled to the money in the account?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my brother was on a Trust checking account with my late mother but I was not, who is entitled to the money in the account?

My mother died. My brother has now told me that even though I am a trustee, I am not entitled to the assets in the checking account because I was not on it. he states that this is the way my mother wanted it to be. Is this correct?

Asked on December 16, 2014 under Estate Planning, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will need to review your mother's trust. Further, if the bank account was in the trust property, then you need to review what the trust states about such bank accounts. If the bank account was not in the trust, then your brother, as joint account holder, would be entitled to the money. Again, review the trust. If your brother is a co-trustee and failed to keep his fiduciary and legal responsibility to you by taking the money, and the trust has this account in the trust, you can sue him for reimbursement/contribution back to the account and also sue in court to remove him as co-trustee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption