Can I recover money a relative took from my parent’s joint bank account in Pennsylvania? | Pennsylvania Probate | FastCounsel
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Can I recover money a relative took from my parent’s joint bank account in Pennsylvania?

What legal recourse do I have if a relative misappropriates funds from a parent’s joint bank account? - Pennsylvania

The Short Answer

In Pennsylvania, a “joint” bank account does not automatically mean each joint owner is entitled to keep whatever they withdraw. If your parent was the primary contributor and a relative withdrew funds for their own benefit, you may have a claim to recover the money—either while your parent is living (through your parent or a legal representative) or after death through the estate—depending on the account’s contributions, intent, and evidence.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your family’s situation is rarely simple. Legal outcomes often depend on:

  • Strict Proof Standards: These cases often turn on whether there is “clear and convincing evidence” of your parent’s intent (for example, whether the joint account was for convenience/bill-paying versus a true gift).
  • Burden of Proof & Records: Tracing net contributions and withdrawals can require bank records, timelines, and explanations for what the money was used for—especially if the relative claims your parent “approved” the transfers.
  • Exceptions & Related Claims: If the relative had a power of attorney, was a caregiver, or otherwise had a position of trust, additional legal theories may apply (and defenses are common). After death, the estate’s ability to pursue recovery can also depend on who has authority to act and how the account was titled at death.

Trying to handle this alone can lead to missed opportunities to preserve evidence, missteps in how claims are framed, or avoidable delays—especially when family members are involved and emotions run high.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.