Washington, DC asked in Divorce for District of Columbia

Q: Question regarding spouse access to bank account

My brother and I lost our mother to cancer last year. I sold her property and we are waiting to split the proceeds once they come in. My brother has a bit of an intellectual disability and is easily taken advantage of. He met a woman not long after my mother passed away and now they are engaged to be married about a year from now. I am concerned about the timing of all of this and this woman's motives. My question is: If I opened a joint bank account with my brother in which I could monitor the activities of the account but only he would have access to the funds, would his wife be able to go after the account should the marriage dissolve?

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1 Lawyer Answer

A: All funds earned or acquired during a marriage are considered community property, with few exceptions. An inheritance may qualify as an exception. Your brother may need a Power of Attorney, a prenuptial agreement, and perhaps a conservator, depending on his mental abilities. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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