Freezing Joint Tenancy Accounts Where Undue Influence is Suspected

[elliehannah]

Sorry, this isn't a POA question, but I didn't know where else to post.

My father in California was mentally ill for most of his life and recently committed suicide. Up until one year ago, my 3 siblings and I were listed as beneficiaries on all of his accounts and CDs. He then changed everything over to his two nieces a year ago, which we just learned upon his death.

Through speaking with his longtime friend, and with the nieces, it's apparent that there was undue influence, especially since his physical health had been declining and they were aware he had fairly substantial assets in bank accounts/CDs.

We have proof from his longtime medical doctor that he was in a pretty severe depression for the past few years and his doctor was even recommending possible shock therapy.

I realize that one courts weigh heavily on whether or not he knew who his children were when he made this change, and we would have to have strong proof of undue influence, which will be very difficult to obtain, however in the meantime, is there any way to freeze his bank accounts/CDS so the nieces can not have access to those funds until we have an opportunity to try and prove our case in a court of law?

We have spoken with a few attorneys who basically said we're totally wasting our time and money to even try and pursue this, but we refuse to give up without a fight and I believe there must be some way to freeze the assets for a short period.

With so many cases of undue influence that ARE proven, how could the laws possibly allow anyone who is a joint tenant to just march right in a bank upon the death of the account holder and obtain the money immediately??!!

[Mr. Knowitall]

You would have to file a lawsuit and ask the court to issue a temporary order freezing the money. Hire one of those lawyers you were talking with, and don't dilly-dally because my guess is that the money will soon be distributed (if it has not already been distributed).

A joint account holder presumptively owns all of the money in the account, and thus (absent restrictions on the account, which would normally be something the joint account holders would have to request) can withdraw it all without regard for whether the other account holder is living or dead, or there to consent.