What happens when a sibling takes all the money from bank accounts that are listed in a living trust within 40 days after her mother's passing? 3 Answers as of September 06, 2016

The mother and stepfather have established the living trust between them as trustees. This trust money is their retirement money and social security benefits already deposited into trust banking accounts thru time.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Is step-dad still with us? Sounds as if you need to talk to a wills and trusts lawyer ASAP.
Answer Applies to: California
Replied: 9/6/2016
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
What happens is you go to the District Attorney and file a criminal charge of theft against that sibling if they are not entitled to those funds and hope they go to jail for theft and senior abuse.
Answer Applies to: California
Replied: 9/5/2016
Law Offices of George H. Shers | George H. Shers
How were they able to withdrawn funds from a bank account that actually was in a living trust; if ownership had properly been transferred to the Trust, the sibling would have no right to withdraw the funds and the Bank would be liable for allowing that to occur. So I suspect the money had not been transferred to the Trust. So the sibling would have to be sued in civil court for conversion or other similar torts. Tell the sibling suit will be filed seeking all the money back plus the emotional distress caused. See a local attorney if the sibling will not return the money, which is likely.
Answer Applies to: California
Replied: 9/5/2016
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