Hi there. Something doesn't quite ring true. First of all, when you mother died, her Power of Attorney terminated at death. Thereafter, the person designated as her executor in her will has control over her estate....if she did not have a will, the state's intestacy proceedings would designate an executor/administrator of her will. Either way, there would be no unknow beneficiary. If there is a will naming your brother as an executor, her will would dictate who would be the beneficiaries of her estate...those would have to be specifically named. If there was no will, the state has an intestacy succession protocol...which specifically addresses who is entitled to inherit. The only was that any of this would have been avoided was if your mother's saving account had another person on the account as well and the account was set up as joint tenants with right of survivorship....meaning as soon as your mother died, the other owner became the owner of the account. Even so, the bank can be compelled to let you know that.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Yes, your brother as executor has a fiduciary duty to all the beneficiaries. You should definitely demand a full accounting of all your mother's assets and you can demand to see documentation relating thereto. Your brother would definitely know what was going on...what he is telling you sounds highly suspicious...and you should put him on notice...by certified, return receipt letter--that you demand to know what is going on..and if he does not let you know or he does and you feel he is not treating you fairly, that you fully intend to file a suit against him for a breach of his fiduciary duty. Also, if he is actually taking money that doesn't belong to him, you can file criminal charges.
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