My sister and I were named POD with right of survivorship on my Uncles bank account.
My sister took full control for the account I was not even aware it was a joint account until much later she paid some expenses from the account however she made many cash withdrawals. When I fond out it was a joint account I went to the bank and got a print out she closed account out in January 2011. Taking $19,000.00 cash.
Unless your uncle designated otherwise, you and your sister each owns one-half of the amount in the POD account. If she took your share of the funds and if it is over $3,000, it is grand larceny. Statute of limitations is between 2 to 5 years based on facts. You may also have course of action in civil court. Consult with an attorney as soon as possible.
Unless you are a client of Yuan Law Firm, APC, under a current and signed representation agreement, you should not rely upon any information provided in this Q&A as legal advice. There is no attorney-client relationship between you and the attorney or the law firm. Circular 230 Advice: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
There is much information needed and not stated. If your uncle died, consult a lawyer in the county in which he resided at the time of death. If he is alive but not competent, consult a lawyer in the county in which he resides. If competent, talk with him. Or talk to a lawyer in the state in which your sister withdrew the money.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
You may have legal recourse against your sister. But, you need to obtain a consultation from an attorney who practices law where your Uncle resides. Good luck.
The information contained in this post is provided for informational purposes only. It is not tax or legal advice on any subject matter. No readers should act or refrain from acting on the basis of any content without seeking appropriate legal or other professional advice with respect to one’s particular circumstances. My firm disclaims liability with respect to acts taken or not taken based on any or all content. This is Attorney Advertising.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline