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Adelina Archibeque
Adelina Archibeque   |     |   5 posts since 2015

Hi, my brother passed and left only one beneficiary at the bank when he got his two accounts .And he had three children.But because his daughter lived with him and her family he had her to where she paid his bills and bought his food.

Well in the event when he died he didn't leave any will so his daughter as soon as he died started taking all the money out of his two accounts,and making accounts for her 4 children and has given them quite a bit of money, and now is saying to her two other siblings that they were not going to get any money.  She is spending it so fast that i can't imagine why she refuses to give them any of it.Is that legal?He had like about 80,000 in one of the accounts that she had moved to another account of her own and her children.

Its been a battle asking her to do the right thing and give her bother and sister was is there share of the money.

She is not listing to anyone. She is a alcoholic and she is never sober enough to talk to her.I have tried to talk to her but she hands over the phone to her children and they tell me to leave her mom alone.What can i do to help the other two children? I don't know what to do to help them out.

Thank you very much Adelina



Answers
Shorebreak
Shorebreak   |     |   4,078 posts since 2010
Not knowing which state you reside in may make my post inaccurate. However, it would seem difficult to stop her from doing what she pleases with your deceased brother's funds. If she was the co-account holder with your brother, and sole beneficiary on both those accounts, with him leaving no will, I don't see where you have many options. I would consult with an attorney specializing in estate issues. My condolences on the passing of your brother and hope this situation somehow comes out favorable on your part.
paoli2
paoli2   |     |   2,227 posts since 2011
You may have a  situation here which goes beyond the money involved since you have children who could be taken away from an alcoholic mother.  I think you should check if you have any local Family Help agency and call them even Anonymously to get information about what are the best steps to take which will hurt the children the least.

Your brother must have given her a Power of Attorney on him or she could not have taken the money out of the bank.  Maybe she was the POD beneficiary on the accounts.  If she wasn't, the money would have to go into probate and the courts decide who gets what.  However, I think your biggest issue here is what to do about the children first.  Best of luck to you.
me1004
me1004   |     |   537 posts since 2010
Yes, these are two very different things you are addressing. Yes, the children and the money are two different things. Yes to what all others said about the children.

And the advice on the money is all true too. The only way to attack the legality of it that I see would be to show something fraudulent or falsified or undue influence or something involved in her being the only one named as beneficiary -- presuming he really did intent to give part of his estate to the other two as well. Was she favored for some reason? Did she involve herself in any of his banking?
Adelina Archibeque
Adelina Archibeque   |     |   5 posts since 2015
Yes she used his checking accounts to bail herself out of jail few times and paid the rent out of his account with out his knowledge, and had a hit an run in her area , Huntington Beach ,Ca. They couldn't find her but the impounded my brothers truck, and he had to pay for all her incidents. She was booked in to Orange Co. Jail for criminal, molesting a 14 year old child. The child parents didnt file charges because they didnt want the child to have to go through courts.She Gets out out of that again with my brothers accounts. When he found out he call that bank to see if the money could be returned, but the bank told him he would have to press charges. And he knew that he would have to bail her out again. She has cost him more money than what she was worth. He was a very sick man, and she was supposed to take care if him and feed him well. But half of the time she wasn't home, she was out drunk sometimes for 3 days.He told me he wanted me to find him a place to move 3 days before ge passed.because he was tired of all that was going on in the house. The fighting and her husband pounding in holes into the walls..He live in filth, I called Social services but she managed to get that cleared up. She never feed him a meal only fast foods and sodas. Who feed fast foods and sodas to someone that has diabetic very bad. His diabetics was very bad , he almost had to have his legs amputated. He had been in and out of hospitals and had to be put into a chamber to help him with his blood flowing through his legs. So he never was able to get out of bed because he could stand up. There is so much more to this but it would take to long to write.she cause me from talking to him because I was trying to help get social services involved and she told him a lie. So we didn't talk till 2 days before he died.He told me in the event if something happened to him that His daughter is to devide his money between the three of them . But because it wasn't in writing the bank couldn't do anything about it.She refuses to talk to me and puts her children on the phone because she can Carry a confersecations with me so she would had over the phone to her children and they would tell me to leave there mother al I ne and never to call back.
Shorebreak
Shorebreak   |     |   4,078 posts since 2010
You need to forget about the money and call Child Protective Services (CPS).
Adelina Archibeque
Adelina Archibeque   |     |   5 posts since 2015
I would but the children are 18 and older now, they won't get involved.
She has pulled a good one.The only one that is suffering are the two children that didn't get anything out of this but her 4 children and her self.That sucks!!
paoli2
paoli2   |     |   2,227 posts since 2011
Adel:  I think you have yourself a very hot potato here.  From everything you have posted, it seems "you" are the one who has all this information about the woman so you would have to go up against her in this matter.  If the children are 18 and older, they are not going to help you by testifying against their own mother no matter how terrible you think she is.  In my opinion, I think you would be fighting a losing battle having to do this alone. As one of our members posted, I agree maybe you need to forget about the money and since the "children" are really adults now, your conscience should be clear if you don't get involved concerning these problems.  When it comes to money many people can be very deceitful to get what they want and cheat others out of their fair share.  Sometimes we have to put it aside and take care of other problems in our lives.  I do hope you can find peace about this matter and dropping it may help your brother to rest in peace.  It takes more than good intentions to win this type of a battle.  I speak from experience.
Adelina Archibeque
Adelina Archibeque   |     |   5 posts since 2015
Thanks, for giving me peace! Hopefully I can try to do that. I think what my problem is , it that this started out 2 years ago when she went and lied to him and he didn't talk to me all that time until the last week before his death. He felt bad about not galling to me all that time. We used to be very close. We came from a large family of ten and my parents died very young. So it left use to fend for our self and my brother was always there for me since I was 12 years old . Thanks again everyone. Adelina
Ally6770
Ally6770   |     |   1,968 posts since 2010
This may not apply to you but I know of an instance where the person named as beneficiary actually took the person to the bank to have her name put on as beneficiary. The person that took care of them at the bank actually testified that the person who the money belonged to kept looking at the relative and asking is this right?, is this what I should do and several other incriminating questions. Also she was able to get a copy of the doctors reports and the doctor said that the person seemed to be afraid to answer questions without looking at the beneficiary.   Do you know or have any inkling if there was any kind of abuse?  I would get a lawyer like my friend did. 
Adelina Archibeque
Adelina Archibeque   |     |   5 posts since 2015
There was abuse, she was always yelling at him and he never could get cleaned up.she would leave him in the bed for days before his son could get there to help him. His son works In trucks hauling furniture. Sometimes he would be gone for weeks. Everyone in that house ignored him only to bring him a soda or if he asked someone would bring him fast food. I know that my brother would have never made her sole benefersery because he love his other two children. Some how she got him to sign papers with out him knowing what he was signing. This is so wrong. I feel bad for his other two children. They have tried to talk to her till there blue in the face but she just tells them they are not getting a cent. Her children have put her in the hospital for her acoholic twice but comes back out doing what she know best. Being drunk