RunningOnEmpty
Member
What is the name of your state? California
My brother's girlfriend of 20 years passed away in May of this year, following a brief and sudden illness. They did not reside together nor did they maintain joint bank accounts.
Prior to her death, she made a will leaving her home (owned free & clear) to her two adult children and leaving all other personal property and financial assets to my brother. She also gave my brother power of attorney.
While she was alive, my brother took the power of attorney to her bank and attempted to have his name added to her checking account, so he could take care of her bills, etc. The bank refused to do this. (They said the signature didn't match her signature card).The bank finally sent their representatives to the hospital (to her death bed) to speak with her and to verify that this was her wish and her signature. She confirmed this. Later, the bank told my brother that they could not add his name to the account, but that he could remove her name from the account and have the account soley in his name. This sounds WRONG, (even he thought so) but that is what transpired.
My brother has not done anything with the will, other than give copies to her adult children. He has allowed the adult children to enter the home and take whatever personal possessions/family heirlooms of their mother's they wanted. He has utilized her checking account monies to pay her bills, funeral expenses and the medical bills that are still trickling in after the insurance payments have been deducted. He has kept careful track of this money and has not spent any of it for anything other than her expenses. He has done nothing with her savings account. The adult children have not offered to pay or inquired about any of their mother's bills/expenses, including the funeral.
I'm worried that the bank did something improper in removing her name from the account and essentially giving this money to my brother.
Does probate have to be filed? Will my brother be in trouble for spending this money, even on her expenses, without filing? How does the house get transferred into her children's names? Does the recent will trump any prior beneficiaries listed on her bank accounts? Are the adult children responsible for paying any of their mother's bills/expenses out of their share of the estate? (The value of the home is significantly more than the rest of the estate).
Any help would be appreciated.
My brother's girlfriend of 20 years passed away in May of this year, following a brief and sudden illness. They did not reside together nor did they maintain joint bank accounts.
Prior to her death, she made a will leaving her home (owned free & clear) to her two adult children and leaving all other personal property and financial assets to my brother. She also gave my brother power of attorney.
While she was alive, my brother took the power of attorney to her bank and attempted to have his name added to her checking account, so he could take care of her bills, etc. The bank refused to do this. (They said the signature didn't match her signature card).The bank finally sent their representatives to the hospital (to her death bed) to speak with her and to verify that this was her wish and her signature. She confirmed this. Later, the bank told my brother that they could not add his name to the account, but that he could remove her name from the account and have the account soley in his name. This sounds WRONG, (even he thought so) but that is what transpired.
My brother has not done anything with the will, other than give copies to her adult children. He has allowed the adult children to enter the home and take whatever personal possessions/family heirlooms of their mother's they wanted. He has utilized her checking account monies to pay her bills, funeral expenses and the medical bills that are still trickling in after the insurance payments have been deducted. He has kept careful track of this money and has not spent any of it for anything other than her expenses. He has done nothing with her savings account. The adult children have not offered to pay or inquired about any of their mother's bills/expenses, including the funeral.
I'm worried that the bank did something improper in removing her name from the account and essentially giving this money to my brother.
Does probate have to be filed? Will my brother be in trouble for spending this money, even on her expenses, without filing? How does the house get transferred into her children's names? Does the recent will trump any prior beneficiaries listed on her bank accounts? Are the adult children responsible for paying any of their mother's bills/expenses out of their share of the estate? (The value of the home is significantly more than the rest of the estate).
Any help would be appreciated.
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