Did my sister get robbed?

[flute 55]

I live in Houston Texas

A year and a half ago my mom died and left my brother as executor of the estate and trustee of my mentally challenged sister. The trust is set up and is to be closed by October of this year. To date there is only the same amount of money in the trust that all of us kids were to receive from the estate. At the time of mom’s death there was a joint checking account between mom, brother (executor), and m/c sister. I do know that a joint account in Texas is left to the joint owners. My problem here is that half of the account (25,000.00) was my m/c sisters, yet she tells me he (brother/executor/trustee) had her sign something. And none of this money has yet to show up in the trust that has been set up for her.
Isn’t this theft? Is there a status of limitations? Can he (brother/executor/trustee) be prosecuted for this? My sister is on a very limited income.and I am open for any suggestions on how to get her what I think is her fair share into that trust where it can help her.

Thanks
Dan

 

[Dandy Don]

Go to the county courthouse and look at the probate file to see exactly how the estate was handled and IF the document he asked her to sign is in there or not--it probably won't be since joint account money passes outside of probate and he probably wanted no record of his "legal theft" in there. I'm wondering if he asked her to sign a document giving him power of attorney or whether it was a document giving up her rights to the money--whatever it was, it would seem it was a bit improper for him to do that.

While at the courthouse, ask the clerk if an executor's bond is required to be posted for estates in that county, but don't go into a detailed explanation of your particular situation since that should be kept in confidence so that confidentiality is not breached.

Without knowing exactly what document m/c sister signed, you are at somewhat of a disadvantage. But m/c sister probably did not have the mental capacity to legally sign such a document, so you will need to consult a local attorney to find out your options for suing. Yes, she is entitled to the money but you must first figure out what happened to make sure there is no legal loophole for him to have gotten this money. Thank you for standing up for what is right and wanting to see justice done for your sister.

DANDY DON IN OKLAHOMA ([email protected])

 

[flute 55]

I did go to the court house. He does not have a POA and is not her guardian. he is only the trustee over her finances. The money was not listed on the contents of the estate, it is is outside of that. I firmly believe what she signed was to close the account at the bank.

Should I bring this to the attorney handling the trust and estate ( however they are favoring him because he is the executor) or use outside attorneys.

Dan