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Joint Checking Account--Mother and son

Stearns, KY |
Filed under: Criminal defense

My dad and his mother were joint on a checking account since 1986. She told him in May to go ahead and write a check to make her funeral arrangements, pay her personal bills, etc. She was in the hospital. Since his name was on the account, he signed the checks for her along with his name. His sister has stepped in as a Power of Attorney August 1st. She says she was entitled to all the money in the account. My grandmother had already given it to my dad months prior. She is now stating that the checks have been forged and has gone to a criminal defense lawyer. Is my dad protected?

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Attorney answers 1


Yes he's protected, but he should get his own criminal defense lawyer.

Your sister must have gone to the police. Criminal defense lawyers defend, they don't prosecute.

Your father, as a joint owner of an account is entitled to the money in the account on their own behalf. If your aunt was your grandmother's "attorney in fact" with a power of attorney signed by your grandmother, she had authority to act for your grandmother, but your father still was entitled to sue the joint account.

I don't know what you mean by "she had given the money to your dad." If that was true, then it wouldn't have been in their joint account.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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