My mother had a CD that had both of our names on it and my brother is in charge of her financial affairs. A few months ago he cashed out the CD, deposited the money into her checking account, and opened another CD in only her name without my mother or I knowing. Was this legal? She is now deceased, and I have nothing to show ownership of the funds. Is there anything I can do?
Often an individual in charge of the financial affairs for a family member will have a power of attorney from that family member to give him authorization to act on her behalf. If your brother had a power of attorney from your mother, it's likely that his actions were legal, even without her specific knowledge. You may be able to obtain documentation from the bank that held the CD account that you were at one time a joint owner, but that won't help prove any claim on the funds. If your brother is the personal representative for your mother's estate, you will need to deal with him about these matters.
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