Edinburg, TX asked in Probate for Texas

Q: Grandma suing my mom on behalf of my deceased step grandpa.

My grandpa was a lawyer and passed away recently. Before he passed away he allowed my mother to pay all her bills with his account she had his account and routing number so she can pay whatever was needed . Now that he’s passed my grandma is threatening my mom by saying she used the account without permission but she obviously did have permission my grandma just didn’t know and he hates my mom so she’s trying anything to get my mom in trouble . She’s saying she’s going to jail for fraud is that true is that even legal ? How would she know if he allowed it or not ?

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1 Lawyer Answer
Carrie T. Schilling
Carrie T. Schilling
Answered
  • Estate Planning Lawyer
  • Southlake, TX
  • Licensed in Texas

A: If your grandpa gave your mom permission to access and use the funds in his account while he had full mental capacity to do so, it is unlikely that fraud could be established in a civil case and even less likely in a criminal case. However, it depends greatly on the facts specific to the situation.

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