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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 brother is ex of the Mom's estate still alive in South

Customer Question

My brother is ex of the Mom's estate still alive in South Carolina. My sister and I have requested some accounting of his spending: chk writing from Moms account and credit card payments of 500,1000,1500. This is not her credit card. When we sold the primary residence he did some repairs there. We also discovered he was writing checks from acct to repair his own house. Some items sold in house he will not respond to amounts or deposit info. There is no agreement between brother and Mom on any early distribution or loan from estate [I have loan for child for education]. Lastly, a second home in North Carolina has been rented for several years, however we cannot find the rental deposits [we can find expenses form another account]. The rental agent there refuses to provide financial amounts or deposit info to my sister who has POA [they are "afraid" of him, and of losing business, same for bank = the disconnect or put her on "hold".]. When My sister gets all statements except the mysterious credit card.
Submitted: 1 year ago.
Category: Estate Law
Expert:  texlawyer replied 1 year ago.

Hello. I'll be happy to assist you.

Thank you for the information, and I believe I understand your situation. What is your question?

Customer: replied 1 year ago.
To statr with not sure. But....Is this legal? If not, Is there recourse to this to protect the estate? What are the obligations, accountability of the EX to the estate [and law] and his siblings and Mother? As he is not responding, no receipts, no record of deposits or plausable explanations to the missing rent chks, chk writing, POA: what should we being doing?
Expert:  texlawyer replied 1 year ago.

No, this is not legal. In fact, it could be a crime. My first course of action would be to call the police, because this is likely a theft. Second, you can start a civil proceeding to: a) demand an accounting of the estate; or b) have him removed executor. As an executor, he has an obligation to provide an accounting of the estate to the estate beneficiaries. Failure to do so - and certainly theft from the estate - is grounds for a judge to remove him and replace him with a new executor.

Expert:  texlawyer replied 1 year ago.

Do you have any questions?