Hayward, CA asked in Probate for California

Q: My mom died no will my brother and I are her only children there is a life insurance policy and bank accounts my brother

My brother has been taking money out of accounts and saying I have when I have no access to the accounts l have no debit cards or passwords to the accounts. I know he took money out the day she died or the next day he told me he did. Now the accounts are all empty. 1 was a account my mother set up for my daughter. He is saying I can't go to the funeral..

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1 Lawyer Answer
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I'm sorry to hear about your mom's passing. Oftentimes parents put a child on the bank accounts. If this is the case, you may not be able to recover the funds. This is especially true if your brother used the funds to wrap up your mom's affairs such as bills, funeral expenses, etc.

Regarding the life insurance policy, the insurance company will release the money to the stated beneficiaries if they are alive. If none of the beneficiaries are alive, a probate case may need to be opened so that the funds can be distributed to your mom's intestate beneficiaries. Children are intestate beneficiaries.

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