1/2 sister just stole $215,000.00 !!!!!!!! UPDATE!!!!!!!!!!!!!!!!!!

[stormylady]

What goes around comes around! We had a similiar sit. only with a half-sister we were all raised together. But when her (our) father passed away he had it in his will that all of his assets should be split between his 6 kids all of us where named but because he did not specifically say step children the judge dicided we did not get anything and my sister took all. But and it took me along time to get over this it is only money. You just never know how low some people will go till something really aweful happens. The important thing that I learned out of all of this is that I have 3 children (all sons) everything is divided 3 ways. Everything! I have put in my will names social sec. nums, relationship to them everything I could think of. So hopefully they won't have the same problem. Anyway Im so sorry that it happened to you too. Just keep on truckin' it will all work out in the end for all parties concerned, however I haven't spoken to my sister in 6 years, and I am waiting for the day she comes and needs family, because Im afraid she no longer has one. sounds aweful I know but she made her own bed! Take care. Stormylady

 

[horsejody]

Quote:
There is nothing you can do about the TOD unless you can prove that it is not what your father wanted or AG Edwards falsified documents. Unfortunately, it sounds like the guy at AG Edwards was just stupid and not a criminal. Or perhaps he recommended a trust and your father wanted a shortcut. TOD is a pretty strong legal definition and hard to disprove unless your father was not of sound mind and coerced. Personally, I would demand to see the original account applications. If your father never bothered to set up a trust and put the account into trust registration there may not be a way to prove that is what he wanted. A broker won't create a trust, but we can put your assets into it once it is created. I can't tell you how many times people have come to me wanting estate planning advice to avoid probate and don't want to bother setting up a trust. They always want something "easier." I always tell them, "Set up a trust or you or your heirs will probably regret it." Even small estates become a mess when it comes to these estate planning shortcuts. The money she took from the large account is most likely not coming back to you, unless she developes some morality. However, the smaller account is another story. Demand that the bank give you copies of the original documents from when the account was opened. You need to see if it was set up as jt tenants. Just in case, I would also demand to see the original paperwork from the AG Edwards account. Perhaps something was not signed or properly filled out. I wish I was there to review the paperwork for you. Get nasty with the bank and AG Edwards if you need to. They won't want to bother to get the paperwork, but make them. The bank can't deny you if you were on the account. As far as AG Edwards, they might be able to deny you because you are not on the account. You or your lawyer can tell them that you are contesting the signatures on the account. That might loosed them a bit.

Also, how long ago was the account opened? If it was in the last few years, the broker was required to get proof of identification from your father before excepting his signature. If there is not a copy of his driver's license or other ID in the file, they could be in trouble.

 

[OPIE]

Well, the account was opened several years ago. I will take your advice on getting copies of the bank acount info from the bank and go from there. I will keep you posted as far as that goes.

 

[OPIE]

Well, I called the estate attorney and talked to him about the bank account and how 1/2 of it was mine, he stated he didnt know anything about this account.
Well Yesterday I received a letter from him saying that he knows of an accountin the bank with my fathers and my name on it, but my 1/2 sister was in charge of that.
He the stated that there was an outstaning debt of $11,330.00 that I owed the estate . (this was when I bought my fathers tractor, which was to be deducted from the estate.) then he states that I owe the estat $100,000.00 for loans from my father !!!!!!!!!!!!! There full of crap!!!!!!!!!!!!!!!!!

My father and I owned a company together, but there where no loans of any kind!!!!!!! I am so ticked. I will be talking to attorneys tommorrow...

 

[rufus]

Did you ever sign loan papers? What kind of business did you have with your father? Was it incorporated or was it a joint partnership?

Rufus

 

[skirbo]

How frustrating this must be!! Gather all the paperwork you have to take with you when you go see your own attorney. Now you *do* need to lawyer up, as the estate will probably file suit against you.

Stupid greedy blood sucking relatives.

Good luck,
Sarah

 

[horsejody]

Quote:
If your name was on it as a joint tenant with rights of survivorship and he is dead, you own all of it. And nobody can be in charge of it except you. Contact the bank and demand they release your assets to you. Sort out the rest with a lawyer.

 

[OPIE]

Quote:
No, there were no signed papers, they are getting this amount from the check book register which is for the joint account that. She added up checks going back to 2001. The company was a trucking company and was an "s" class corporation. I remained the president and my father was a silent partner.

HorseJody, unfortunatly that account was closed shortly after my fthers passing, my 1/2 sister had me sign blank checks so she could pay the bills ( I know, dumb move, but at this point I was trusting her) and the last check she closed the account.
I have contacted an attorney and am working on that.

 

[horsejody]

Quote:
No, there were no signed papers, they are getting this amount from the check book register which is for the joint account that. She added up checks going back to 2001. The company was a trucking company and was an "s" class corporation. I remained the president and my father was a silent partner.

HorseJody, unfortunatly that account was closed shortly after my fthers passing, my 1/2 sister had me sign blank checks so she could pay the bills ( I know, dumb move, but at this point I was trusting her) and the last check she closed the account.
I have contacted an attorney and am working on that.

It sounds like she knew what she was doing. She used your money to pay bills instead of the estate money. Tell the court that the checks you signed were from your account (and it was YOUR account - not part of the estate) and that they were only loans to the 1/2 sister while she was working on the estate.