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  Home >> Special Situations >> Deceased Individuals  
Money Removed Right Before Death

My mother died 2/2/2005. She and two brothers were on the checking and savings account. On 2/1/2005 one brother cleared out the checking account so that on the date of death the checking account only showed .08 left. Mother died intestate with three sons. The son who removed the account is also the administrator. It is now two years later and we just learned of this situation and now that brother is hostile and won't speak to the other brothers. Can the amount listed in the account one day before her death be restored to the estate?


This really isn't a banking question, and hopefully, a bank would give you the same advice. The first step should be to contact the probate court and ask the clerk whether the estate has been finalized. Then quickly contact an attorney versed in estate settlement and lay out the information you have.

Unfortunately, it may be necessary to take legal action against the brother who received the funds in order to recover them for the estate. That, of course, may be a difficult step to take.

Published on BankingQuestions.com 5/17/07