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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29658
Experience:  29 years in civil, probate, real estate, elder law
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What is process for my fathers personal representative to

Resolved Question:

What is process for my father's personal representative to investigate where my father had all his bank accounts prior to consolidating several of them into 3 banks? More importantly what needs to be done to get a record of when my father added beneficiaries to his bank and investment accounts. With proper documentation, can the executor simply walk into the banks and request this information. She is know to them already.

My father was 90, bereft after my mother's passing and drank heavily. His nephew stepped in and suddenly, after my mother's death was added as a beneficiary on all my father's bank and investment accounts. He inherited in excess of $200,000. As a daughter, we feel that my father was a vulnerable adult and are in the process of requesting all his medical records as he suffered serious symptoms from his heavy drinking. If that can be clearly documented along with the fact that a month after my mom passed away and but a few months before my father's own untimely demise, this nephew drug him around and had his name added as a beneficiary to all my father's holdings, we may bring civil suit against this grifting nephew of my fathers. Can you help?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.The personal representative can request this information from the bank , they will likely need to present their letters testamentary as well.

RayAnswers :

If the bank here will not provide the information the personal representative may have to subpoena the records from the banks custodian of the records through the probate judge.

RayAnswers :

Since the accounts here normally pass to the named beneficiary outside of probate you may well need to pursue this through the courts using subpoena or even court orders to gather information.

RayAnswers :

And once you uncover the information you may then have to file a civil suit here against the nephew for civil fraud or other wrongdoing based on the situaiton.

RayAnswers :

You would be arguing that there was undue influence here or lack of capacity by the deceased in this situation.

Customer:

Thank you for your response. The main goal is to assess when my cousin was added as a beneficiary on most of these accounts. My father also had life insurance policies which we believe he left to my cousin because they are simply not there but we are unsure as to how to uncover that information either. Any suggestions?

RayAnswers :

But again the personal representative here makes a request to the bank and you go from there involving the courts if necessary.

Customer:

Would you contact elder abuse through county or not since he is deceased?

RayAnswers :

Again you make a written request from the insurance company as personal representative and then use the courts if necessary.

RayAnswers :

Elder abuse since he is deceased would not be able to help you.

Customer:

I appreciate your input. I don't think the PR will have a difficult time obtaining the information.

RayAnswers :

I wish you the best.

RayAnswers :

Thanks so much for letting me help you.

Customer:

We are not sure what insurance companies he had all of his policies with.

Customer:

TY, Sir. We will move forward in the name of justice.

RayAnswers :

You may have to use probate court here to set a hearing on the matter and subpoena the nephew and take testimony under oath.

Customer:

Point taken.

RayAnswers :

And you could also subpoena the information as well as him to the hearing--subpoena duces tecum.

RayAnswers :

Then you can take testimoney under oath here about the documents and information in question.

Customer:

Just for your information, this nephew entered the home after my father died and shredded 100's of documents which was witnessed.

RayAnswers :

Thanks for the follow up.Here the personal rep has a duty here to try to protect the estate so it is relevant to probate.

RayAnswers :

I am so sorry you had to have this happen.

RayAnswers :

I am sure that it is frustrating.

Customer:

It is in probate but we have held back on this issue because it was so overwhelming and I wanted to be able to give it my full attention.

RayAnswers :

The personal representative can involve the probate court to get at this information here. you may well be able to then seek recovery of lost funds.

Customer:

The house closes in a few days and we have completed all other matters so now I turn my attn. to this situation.

RayAnswers :

I wish you good luck here with all of this, certainly you have good facts to pursue this.

RayAnswers :

Thanks again.

Customer:

TY

Customer:

Good Day!

Ray, Lawyer
Category: Legal
Satisfied Customers: 29658
Experience: 29 years in civil, probate, real estate, elder law
Ray and 4 other Legal Specialists are ready to help you

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