Is this Illegal?

[VinAlex]

My family has always been a large collection of control freaks. Anything they do in a person's life is meant to give them a sense of control. When I was 17, my mother divorced my father.

When I turned 18, my aunt (my father's sister) called me on the phone. She offered to give me a "savings account at the credit union that is totally in your name." I said, "No." She continued to try to sell it to me. I said, "No." She tried to convince me. I said, "No." She told me it was my choice and that they wouldn't do it if I didn't want it. I said, "No."

The next day there was a knock at my door and my father walked into the house with forms for a joint account with my aunt's signature already on it. My mother gave me no options other than to sign the form. The ball was now rolling to 'give' me an account that I feel is nothing more than an attempt to maintain a presence.

Here is where my question lies:
My aunt was recently killed by a drunk driver (her brother-in-law) in her own driveway. I want to take the money out of the account but I suspect my father will refuse to give me the death certificate. Furthermore, I personally think that he may have later added his signature to the account outside of my presence, with his brother and sister as witnesses. Coulld his adding his signature later be concidered illegal? Could forcing me to put my signature on something I didn't want be concidered illegal? Could withholding the COD be fought legally?

 

[VinAlex]

In Addition

By the way:
When I signed the form, my mother and my father were the witnesses. When my aunt signed the form, My father and his brother were the witnesses. His brother died (basically a suicide) six months before my aunt.

I don't know if this has any bearing.

 

[NYClex]

You are pretty confusing here. First, what do you want to achieve? Get the money or fight the opening of the account?

A signature made under duress will be held void by a court, but then what?

If you want the money that is in the account you better not fight the legality of your ownership of that account.

Next, what kind of account was opened? First you talk about an account "only in your name", then you talk about a "joint" account. You got to find out what the ownership of this account actually is, because there are many different possible forms of "tenancy": Joint, joint with survivorship, etc etc. Everyone is different and can, especially now that one account owner is dead, have different repercussions. The paperwork used to open the account should tell you what ownership form it has, otherwise ask the bank.

 

[VinAlex]

You are pretty confusing here. First, what do you want to achieve? Get the money or fight the opening of the account? [/QOUTE]

I'm hoping to get the money.

[QOUTE=NYClex]Next, what kind of account was opened? First you talk about an account "only in your name", then you talk about a "joint" account. [/QOUTE]

Dena, my aunt, said that it would be only in my name and then sent forms for a joint account.

 

[NYClex]

Ah, now I see the picture.

Well, you probably are in a good position, but not an unassailable one. Under most states' law or statutes a surviving co-owner of a joint account who was not the depositor (not the one who put the money into the account) is presumed to have the right to withdraw it. So to keep you from withdrawing it, your aunt's estate would normally have to establish in court that there is clear and convincing evidence that she did not intent to give you this money as a gift.

But this is only a modern view that has recently been developed. In former times courts often held exactly the other way, saying the survivor had no right to the funds.

So, if this is in dispute between you and the administrator of your aunt's estate you might want to consult an attorney about this, especially when the sum is pretty big. You would want to be sure you have a right to the money before you spend it, not that the estate can come and demand it back some day.

 

[iwannahelpu]

heya Vin

How much money is at stake? It may be more trouble than its worth to hire a lawyer to help you. Let me know what has transpired since your last submission.