I apologize for just now getting back to you. But I sincerely thank you for all your advise. It is extremely helpful.
I thought about what you said, and I will send my brother a letter asking for an explanation. I think this is a good next step.
After our last response conversation, I must admit, I was feeling very frustrated. But you forced me to go back and look at all the documentation again more thoroughly. Interestingly, I found multiple and huge discrepancies. The documents he submitted appears to have been deliberately manipulated to make it reconcile with others. But the dates and figures contradict those in Bank statements.
Also, I took look at the Trust document again, and the language in it specifically states that the Trustee will make available to beneficiaries all 'records and documents', and in a reasonable time. He has done neither. The language does not use the word 'accounting', but 'Trust records and documents'.
So, legally speaking, he has not performed his fiduciary duties.
Again, thank you!
Two more questions, and I am done. I promise.
Both, Kevin and Vernon submitted wills to probate. Vernon submitted his first and was therefore appointed personal representative. While we were waiting to go to court to have a judge determine the valid will, Vernon went to Bank of America, closed the accounts and withdrew all remaining monies, amounting to over $8,000, knowing he had the older will, and would be removed as Personal Representative, which ultimately happened.
Question: Can he legally do that, or is there some provision in the law, that puts a hold on the actions of persons seeking to be PR until the valid will is identified.
Can I take him to court, to have him reimburse the monies he withdrew?
Secondly, should I have the new attorney to an asset search?