After 7 years of caring for mom, she has passed and now my brother has taken all the monies she left both of us. is there any help?

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Badrelative13 Asked October 2013

After 7 years of caring for mom, she has passed and now my brother has taken all the monies she left both of us. is there any help?

He was the POA and the Executor, in which they both read that we are to 'share and share alike'.. but she has been gone since January 2nd and I just found out he had one of her accounts changed from both of us as the beneficiary to just him, and she was under doctors care when he did this and I was the the POA at the time. I can't afford to fight him, as I spent all my monies taking care of our mother, thinking that he was taking care of the monies she had in one account. There were no bills, but it seems he was taking monies out of the account for several years without her or my knowledge. Does anyone know of a group that can give me information or help me get my fair share of the monies that is supposed to come to me?

Elder Law

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score 1 · Answer 1

You need an attorney. Are you in the same city where your mother lived? The Court can subpoena the bank records, as well as any POA documents. As executor of your mother's estate, your brother has the responsibility to fulfill the terms of the will as written. Do you have a copy of the will? Was the will filed with the probate court? Did your brother open the estate with the probate court? There are legal remedies, unless the estate was so small that no probate had to be opened, or unless he was listed as a joint account holder with rights of survivorship or as a direct beneficiary. Even if this is the case, talk to an ATTORNEY!!!!! I am not an attorney, but have been an executor several times, and am always scrupulous about ensuring the beneficiaries all get what the deceased wanted them to get. The Court is responsible to oversee this.

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score 0 · Answer 2

Thank you, yes, I have all of her tax information, and know she did not have any bills. He kept the account, but I have how much went into the account each year.
Mom told me he was taking care of it so both of us could enjoy old age.

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score 0 · Answer 3

Perhaps you could contact an attorney and have a consultation with him to find out what your options area, or at least do some extensive on-line research about your situation.

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score 0 · Answer 4

Call Senior Centers and ask if they have referrals. There is a website called Avvo where you can ask questions of attorneys in your area and it is free. You are going to need additional help with this. Is there any proof of the monies that existed? I think you can get back statements from the bank. I do not know how much money you are talking about but if it is significant I would not let him get away with this. Chances are it will be gone by the time you get to him, so prepare yourself.

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