Atlanta, GA asked in Estate Planning, Banking and Probate for Mississippi

Q: Can stepson take entire savings in mine and now deceased husbands bank account

We had put my stepson on the account in the event something happened to us he would have access. My husband passed away suddenly and within a matter of days my stepson had taken entire amount and will not speak to me. Is there anything I can do to get my money back since he was on the account. I feel so stupid for trusting him! We were married for 12 years and he died with no will

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: This is a classic case of do it yourself estate planning gone wrong. It might be theoretically possible for you to recover the money, but you will have to sue your stepson to get it back, and you will have the burden of proving that the money was yours and not his. You did not say how much money was involved. The problem with these kinds of cases is that often the cost of litigation exceeds the amount in controversy.

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