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XXXXX. Mother Passed. I trusted younger brother with her…

XXXXX. Mother Passed. I...

XXXXX. Mother Passed. I trusted younger brother with her financial affairs. The math isnt adding up and there is much unaccounted $$. He now will not let us see her checking accounts for the last few years.

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

We know what she started with. He gave us a list of her assets with missing items.

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

She was 95. Mild dementia. The will was changed 2 years ago from what the family agreed upon. Except for draft we all agreed to in 2006, the signed will has disappeared. Brother always had mom sign her own checks, although he had durable POA

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

XXXXX. Will is in probate. They want us to sign off

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Answered in 7 minutes by:
3/25/2018
RayAnswers
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Category: Estate Law
Satisfied Customers: 46,386
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 1 month ago

XXXXXX

You should consider your own lawyer here.The lawyer can demand a court ordered accounting and you can sue for lost funds.You have rights through probate court.But you are going to need your own lawyer if you want to contest all of this.

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I am so sorry that you have been treated this way.I hope you will pursue this in court.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 1 month ago
Can we ask for accounting of all funds BEFORE she passed or only after her death?

You can ask for accounting prior to death here, same person was misspending all along.

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Customer reply replied 1 month ago
ok. Will do. Thank you. What question(s) should I be prepared to ask the lawyer. we know that deeming her incapacitated or challenging the will will be a hard sell in NJ.... but the mis-spending of the money is an avenue we can persue
Customer reply replied 1 month ago
ok. just to follow up. We have already asked for the accounting and he refuses to give it to us. So if the next step is court, Can we arbitrarily ask for the accounting or do we need to say we think there was misspending. And will it be a problem if we she always signed the checks, (although she had no clue what she was signing). Can we assert it wasn't a "gift" (just to him and not the other children) and that it was misspending? He had durable POA, but is claiming he never used it.
Customer reply replied 1 month ago
we NEVER received a cent. So the only "gift" would have been to himself, his wife or his kid

You can arbitrarily ask for a court ordered accounting.There appears to be fraud and elder exploitation here even prior to the probate.I agree you need to pursue this through the courts.

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Customer reply replied 1 month ago
Ok. This was very helpful. At least now I know we have some options. Thank you. Enjoy your day.

You too thanks for rating 5 stars, at top of page.

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