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?

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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 6 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.


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