CHARLESTON – A North Carolina man is suing his stepmother, alleging she took more than $600,000 from his joint bank account with his father after his dad died.
James Vincent Goodall Jr. of Chapel Hill filed a federal lawsuit against Darla J. Goodall, who was the wife of his recently deceased father.
James Vincent Goodall Jr. alleges he opened a joint account with right of survivorship with Wachovia Securities with his father, James Vincent Goodall Sr. in April 2007.
Pursuant to terms of the application, only James Vincent Goodall Sr. was to receive statements on the account, according to the complaint.
The total value of the account was in excess of $623,000, the complaint says.
However, the money was transferred out of the joint account on April 25, 2007, after Wachovia received a letter of authorization to transfer moneys or securities supposedly signed by both James Vincent Goodall Jr. and his father. According to court documents, the money was transferred into an account bearing only James Vincent Goodall Sr.'s name.
But James Vincent Goodall Jr. contends neither he nor his father signed the letter. Instead, he says Darla Goodall forged the men's signatures and intended to hide the transfer from him.
"The transfer ... on May 1, 2007, was unlawful, invalid and improper because James Goodall, Sr. had died on April 26, 2007, and because the Letter of Authorization to Transfer Securities or Money was signed by neither James Goodall, Sr. nor James Goodall, Jr., both of whom would have been required to sign of Letter of Authorization to Transfer Securities or Money from the account which was one of joint tenancy with right of survivorship," the suit states.
Still, Wachovia transferred $623,213.19 from the joint account into James Vincent Goodall Sr.'s account.
After James Goodall Sr.'s April 26 death in a traffic accident, his wife filed an appraisal of estates, which did not mention anything about the contents of the joint account, according to the complaint.
Even if the removal of money from one account to another was lawful, James Vincent Goodall Jr. argues he is entitled to at least half of the money.
In addition to the money he says he is due, James Goodall Jr. is seeking statutory costs, pre- and post-judgment interest, attorney's fees and other relief the court deems just.
Christopher S. Smith of Hoyer, Hoyer and Smith in Charleston will be representing him.
U.S. District Court case number: 3:09-374
N.C. man says stepmother took $600,000 after father's death
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