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LegalGems, Attorney
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My father in law died 12/27/2012. My husband, and his brother

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My father in law died 12/27/2012. My husband, and his brother are both executors of his will. My husbands brothers wife took the check book, when I suggested that my husband get it back from her as she is not an honest person, he wasn't concerned because both he, and his brothers signatures were required on the checks, and the Lawyer has a copy of all the bills. The estate is not yet settled. The bank statements come to us, and today we learned that she is writing checks to herself, to the sum of $20,000. Without my husbands knowledge, or signature.When we went to the bank, they stated the really can't enforse the two signatures, because everything is done electronically. It is still presented to a teller?. Is writing checks in this manner legal?? I did make the Law office aware and forwarded a copy of the check.
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction!

LegalGems :

I am sorry to hear of your family's loss, compounded by this situation. Your brother in law can be held accountable if, by his negligence, the wife got a hold of the check book. The executor has a fiduciary duty to act in the best interests of the estate, and this includes safeguarding the property of the estate. Furthermore, if the wife forged their signature, she can be accountable criminally, assuming this is an avenue you wish to pursue.

Customer:

Thank you, XXXXX XXXXX that is an avenue that might need to be pursued to protect the welfare of my husband and I as well as our children

LegalGems :

Can you wait a moment - I am looking into something for you?

Customer:

Yes

LegalGems :

Thanks for your patience. So the bank can be responsible for cashing the check, if the 2 required signatures were missing. Here is a link to the regulating agency re: banks: http://www.portal.state.pa.us/portal/server.pt/community/banking/14323. The thing is that if you bring an action against the bank, they will go after your sister in law, and again, I'm not sure if you want to pursue this criminally. Hopefully a well worded letter to her will result in the return of the money.

Customer:

Thank you again for everything!!

LegalGems :

and thus no criminal action. The thing is, the executors are under a duty to prevent this from happening, now that they know she has possession of the check book.

LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3731
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
LegalGems and 3 other Estate Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

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