Great nephew cleaning out checking a/c

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  • #3516


    On Nov. 7, 2000 my father put me on his checking a/c in Louisiana as an additional signer. Nov. 14, 2016 there was a Power of Attorney issued in favor of his great nephew. Nov. 16, 2016 there was a check written for $26,900.00 to clean out the a/c except for $200.00. Nov. 18, 2016 Father passed away. I was not notified until Nov. 19. When I received a copy of the will on Nov. 22 the great nephew was given All cash, bonds, savings, etc. I feel like these boys knew something ahead of time, in the past, they have always gotten in touch with me when he had to go to hospital or was ill. This time they said they couldn’t find my phone number. My Dad was 101 years old & living in Tennessee, the great nephews were taking care of him- remodeling his house, etc. all with his money. He wasn’t senile, just blind & deaf. One of the great nephews was also given the house & everything in it. At one point I contacted an attorney about the great nephews actions, the attorney actually told me that he wouldn’t touch anything against them because they have a reputation for being not very nice & extremely vindictive & he had to live in the town. My Dad did leave me property adjoining the house & land he left to the great nephews! Thoughts please, should I just mark this up to a life experience & go on or try to fight it? Thanks,

  • #3517


    Just to clarify: your father was domiciled in Tennessee when he died, is that correct?

    Did he live in Louisiana in 2000 and then move to Tennessee? If so, when did that happen?

    • #3518


      Yes, my Father was living in Tennessee when he died. He had lived there since around 2005, I believe.

  • #3519


    A few things occur to me:

    1. Of course, any action would have to be taken in TN and I don’t think anyone here is competent to comment on TN law.

    2. The power of attorney, which would have been subject to LA law at the time, apparently was accepted as valid by the bank. As such, the grand nephew had full legal authority to remove the money. The question would be whether the money removed was used for your father’s benefit. Someone with a POA has a fiduciary duty to act in the best interests of the person giving him the POA.

    3. You could inquire about these things through the subpoena power of the court in Tennessee if you wish to contest any of the actions that took place. Again, time limits and types of actions that might be available to you would be controlled by TN law. In LA, for the benefit of anyone reading this thread, you can have money brought back into the estate if you can prove misuse or breach of the fiduciary duty.

  • #3607


    Whats the current scenario? Are you fighting for your dad’s land? Try consulting the lawyers and try to explain your situation. My brother-in-law was also stucked in the similar case and he decided to take the help of the lawyer to ease his legal proceedings. Use this link to read more about such lawyers.

    Note: a link to a law firm in France was removed from this post.

    • This reply was modified 2 years, 8 months ago by  Lex. Reason: Spam link removed

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