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My Mother just passed and my brother has been her Power of

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Attorney..There are four siblings and...
My Mother just passed and my brother has been her Power of Attorney..There are four siblings and we are to evenly split her CD'S/Stocks, savings...My brother has been named the Executor at this point...He now claims my Mother has left her $30,000 in savings to an unknown benificiary, and he CAN NOT find out who it is...He claims her bank will not give him (the Executor) the info...Is this true????
Submitted: 8 years ago.Category: Legal
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8/1/2009
Lawyer: Richard, Attorney replied 8 years ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,020
Experience: Attorney with 29 years of experience.
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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.

 

 

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Customer reply replied 8 years ago
So in other words, my brother knows ..Apparently HE is the bebeficiary since he has been writing checks for my Mother since she has been down with this Cancer..I live in Georgia, and three brothers are in Virginia where she resided..She has lived on his property for 10 yrs and he has had contol of her bank accounts for some time!!!! He told my sibling brothers and myself he did NOT know who the UNKNOW was and it was okay by him,,,Should we contest???Thanks
Lawyer: Richard, Attorney replied 8 years ago

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.

 

 

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.

Richard
Richard, Attorney
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Customer reply replied 8 years ago
Thanks you sooooo much!!!!!!!
Lawyer: Richard, Attorney replied 8 years ago
Glad to have been able to help you! Best of luck to you!
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