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Home >> Special Situations >> Deceased Individuals
Deathbed Transfer of Funds: Legal?
My father was in a nursing home and died a month ago. We are finding out now that he called his bank a year ago, while bed-ridden, on morphine, and a feeding tube, and had them send his wife a check for a large amount of money to provide for him. It can't be accounted for, and the lawyer says if she transfered it into her account, that we have no right to ask where it is. Isn't that fraud? Now, we children, will be paying his nursing home bill for the last year. This makes me sad, as he intended for the money to be used for him. Can this be?
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 It's really impossible to offer you an opinion as to whether your father was capable of making decisions like the one you've described. Morphine may or may not have affected his ability to reason.
If you think that the transfer of those funds was in any way fraudulent, find an attorney that is willing to argue on your behalf. You should also investigate whether there are alternatives available to your having to foot the nursing home bill. An elder care attorney can offer you advice on that question. You may find an attorney who can handle both issues.
Published on BankingQuestions.com 3/05/09
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