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This is a nine yr case brother was beneficary on mothers…

Customer Question
This is a nine...

This is a nine yr case brother was beneficary on mothers will he went into the bank and took out two matured cds and no name was on the account he signed dead mothers name to with draw the cds

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

North carolina

Lawyer's Assistant: What documents or supporting evidence do you have?

We have a will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are the limitions on this and what can we do to find a lawyer to take the case

Submitted: 11 months ago.Category: Estate Law
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Answered in 5 minutes by:
8/5/2017
Estate Lawyer: Barrister, Attorney replied 11 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,555
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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How was brother able to get into her account or lockbox without the bank knowing about it?

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Did anyone ever file a probate case to settle her estate?

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When was this discovered?

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Why hasn't anyone pursued this before now?

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thanks

Barrister

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Customer reply replied 11 months ago
his mom died and they had her body sent to ny so nc had no idea she passed away ..so it was easy for them to sign her name to get into the account without the knowledge of her death. no he never opened it a yr after she died brother never contected siblings to let them know about the will we tried getting a lawyer to handle the case and for some reason was not able to get alwayer to stay on the case. we live in ny and it seems like we got no help at all from NC . we went down with death papers to close the account went to arborter and they said their was nothing they could do unless he opened it up
Customer reply replied 11 months ago
this is our home phone no cell dont work so good out here
Estate Lawyer: Barrister, Attorney replied 11 months ago

Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

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Customer reply replied 11 months ago
we have tried to get help no one seems to care just not right he did this and got away with it no remorse for what he did and we were hoping that he would do the right thing but nine yrs crazy hes family and he dont feel bad at all
Customer reply replied 11 months ago
looking for a lawyer who would take the case and help us end this
Estate Lawyer: Barrister, Attorney replied 11 months ago

Ok, this is a lousy outcome, and I don't like it at all, but the statute of limitation in NC for civil fraud is only 3 years. So if no one took action within 3 years of mother passing and him taking the CDs, it is too late to do anything now like suing him.

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However.... NC has no criminal statute of limitations on felonies, and forgery is a felony. So if someone were to file a probate case to settle her estate, they could contact the local DA about him stealing the CDs and he could be criminally prosecuted. And as part of any prosecution, he could be made to pay restitution to the estate.

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And you would have to hire an NC attorney to first help with getting the estate opened, and then to reach out to the DA to pursue criminal charges on behalf of the estate. The problem is that for something like this, it will likely cost $5K or so to get the attorney to take any interest. This is not a case he would take without being paid a retainer up front..

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thanks

Barrister

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Customer reply replied 11 months ago
thank you it just not right we had a lawyer right after this happened and heard nothing from him called him and he just string us along i guess he knew the law better than us .. wow just crazy he can go and sign a dead persons name on bank account and steal money could the bank be responsable for any of this
Customer reply replied 11 months ago
thank you
Estate Lawyer: Barrister, Attorney replied 11 months ago

Well, as I mentioned....the criminal time limits never run... so you could pursue him criminally on behalf of the estate. It isn't like there is no way to go after him.. It will just cost some money to do so and your time and effort to pursue it if you wanted to do so.

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And yes, the bank could get dragged into this as well in a criminal case if they allowed him to forge the mother's name and didn't require any proof of who signed the CDs before allowing them to be cashed in. That is really unusual from the bank's end as they are typically ultra cautious about that sort of thing..

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You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Estate Lawyer: Barrister, Attorney replied 11 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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