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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My brother was a family appointed executor of my mothers

Customer Question

My brother was a family appointed executor of my mothers family affairs, as my mother had ultshiemers decease. We think that she was diagnosed before my brother was put on her bank account. We as the family trusted him at the time to handle our mothers financial affairs. After three years she passed away. We found out after she died. that our brother stole'd over a $150,000.00 in which we know that she wanted to split between all 6 of her children. most all of the money is gone. Is their anything legally we can do to try and recover the money, or put him behind bars
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I am sorry to hear that this has happened. At this point if brother has stolen money from mother while she was alive, then your recourse would be to file a motion to have him removed as executor and have someone else appointed and then the estate sues him for the theft/embezzlement from mother's accounts.

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A new executor could also push a local prosecutor to file criminal charges for the theft and make him paying restitution part of any criminal penalty.

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But this is something where you would definitely need a local probate law attorney with litigation experience to assist here in getting him removed and a new executor appointed and then suing him for restitution..

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thanks

Barrister

Customer: replied 1 year ago.
We have already removed him as executor and have appointed an attorney as the estate administrator. Because they are the administrators they will not take the Civil suit.
Expert:  Barrister replied 1 year ago.

Ok, then you might need to talk to another attorney about taking over... The Administrator works for the estate and has a legal and fiduciary duty to both the estate and the beneficiaries to protect estate assets and pursue recovery of anything that was improperly removed from the estate, either after death or during mother's lifetime, due to fraudulent actions of anyone, be it a family member or not.

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So the Administrator would have a duty to get another attorney involved to represent the estate in suing brother to see if any of the money could be recovered for the heirs..

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thanks

Barrister

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