when gifting money, who’s is it?
chinny7150 asked:
mom and i had joint bank acct for 40 years. i have right of suvivorship. brother won a state lottery of sixteen million 6 years ago-and started giving mom $10,000 per year over five years then started giving her $2000 a month this past year before she died. she had her pension check put in that account every month for a total of $1200/mo also. mom always said she was spending his money and saving hers for me.she passed on 6 months ago, he now wants the money that is left in the bank account saying that it is his. mom left me the contents of the house and the account.she left my brother the house and property.my brother made such a stink at the bank about the money, that the bank froze the account. who owns the money, me or my brother???? thanks
x_avier_x
mom and i had joint bank acct for 40 years. i have right of suvivorship. brother won a state lottery of sixteen million 6 years ago-and started giving mom $10,000 per year over five years then started giving her $2000 a month this past year before she died. she had her pension check put in that account every month for a total of $1200/mo also. mom always said she was spending his money and saving hers for me.she passed on 6 months ago, he now wants the money that is left in the bank account saying that it is his. mom left me the contents of the house and the account.she left my brother the house and property.my brother made such a stink at the bank about the money, that the bank froze the account. who owns the money, me or my brother???? thanks
x_avier_x
July 14th, 2008 at 10:57 pm
You own the money…Once he gave the money to your mother, it becomes hers and she was free to determine what she wants to do with it, including leaving it to you.
The only danger is if your brother conditioned the money when he gave it to your mother, e.g. “it’s for you only, it is not to go to my brother”
July 17th, 2008 at 6:29 pm
Check with an estate attorney. The quick answer is that since the account was joint with you it doesn’t matter where she got the money if it went into that account it would be yours by operation of the joint ownership laws.
July 19th, 2008 at 8:03 pm
Get a lawyer. STAT.
July 22nd, 2008 at 6:41 am
It’s yours, unless ther’e some important fact you are not telling us.
If your brother gave the money to your mother. Once he delivered it to her, then it’s hers. She can choose who to leave it to.
You should see a lawyer.
July 23rd, 2008 at 3:00 am
your brother…quite simply, money talks and bulls-hit walks.
July 24th, 2008 at 5:56 pm
The presumption is that the money is yours as you held it in joint tenancy with a right of survivorship upon her death. Once he gave the money (absent his placing of some conditions which may or may not be enforcable) he loses control over its disposition – this is the essence of a gift. However, your brother may be able to overcome the presumption that the money is rightfully yours if he can show you had exerted undue influence over your mother. Go see an estate and trust litigation attorney immediately.
July 26th, 2008 at 1:05 am
for the $$ to be the brothers $$ he must have a contract or legal document stating so…otherwise you have the rights to the $ per your question.
Do get a lawyer asap, especially one that might sue the brother for mega millions.
If I had won same, I would have had a document drawn up that would force mom to give my $$ to another in a updated will or a legal draft of some sort.
Ie; I have family members I dont want to ever benefit from my future assets (no matter how small in $$).