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.
What Pennsylvania Law Says
Pennsylvania’s Multiple-Party Accounts Act focuses on beneficial ownership of joint accounts. During everyone’s lifetime, the law generally treats the money as belonging to the parties in proportion to what each person contributed, unless there is clear and convincing evidence the account was meant to be a gift or otherwise allocated differently. That distinction matters because a person can have signature authority to withdraw funds yet still be required to account for (and return) money that was not theirs to keep.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 6303.
This statute establishes that, during the lifetime of all parties, a joint account belongs to the parties in proportion to their net contributions, unless there is clear and convincing evidence of a different intent.
If your parent has passed away, survivorship issues may also come into play. Pennsylvania law generally provides that the remaining balance in a joint account belongs to the surviving joint owner(s) as against the estate, unless there is clear and convincing evidence the account was not intended to pass that way.
20 Pa.C.S. § 6304 addresses the right of survivorship and when the estate can challenge it.
For background on how joint accounts can transfer at death (and why disputes happen), see: Do joint bank accounts automatically transfer at death in Pennsylvania?
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.