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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband and s brother had a joint rental account. s

Customer Question

My husband and his brother had a joint rental account. His brother did all the bookkeeping.
My husband discovered that his brother, who was executor of their mothers estate, was using money from the account to pay taxes, utilities, etc. on the estate. It was a good deal of money. Over $30,000. My husband was angry with his brother, as my husband had a heart attack and had a quadruple bi-pass. He said if he would have died I never would known about it. They were partners over fifty years and my husband never had any reason to distrust him. After the estate was sold, the attorney wrote a separate check for the money to be returned to the rental account. After this happened, my husband asked to see the books and they, his brother, wife, and daughter refused. After several refusals, my husband retained an attorney. The attorney wrote his brother asking for an accounting. Instead his brother got his own attorney. All my husband's attorney was able to get in five months was registries for 2013,2014 and part of 2015. Their attorney also said if we didn't agree to split the property she would file for partition of the property. She included two lists. The property they wanted and another with property they would give us. (It gets better.) We told her to go ahead with the partition. She then said she doesn't do that kind of litigation and would refer it to another attorney. While looking at the copies of the registries, my husband saw checks he knew were wrong. After he got copies from the bank, we knew they were forged. No doubt. Their second attorney filed to partition the property. After going over bank statements, deposit slips and photo copies of rent checks for four and a half months we discovered many rent checks were never deposited. Our attorney told us to do this, But when we had a face to face meeting with him (our only contact before this was by phone or letter) he sounded like the opposition attorney. He said we had no proof of anything. We couldn't prove it wasn't bad bookkeeping or that the brother didn't give us half the money. He then ask my husband why he didn't want to split the property. I had copies of the forged checks with me. He knew about these forgeries months ago. He reluctantly said he would contact the DA's office. He said this would be two separate cases. First the partition of the property, then the criminal. My husband wants the reverse. We no longer trust him. He's only interested in his financial gain. What can we do?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 12 months ago.

Hello. My name is Damien. Let me see if I can help you with your question. Okay?

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