Executor Stealing Bank accounts?!

[valletta]

What is the name of your state (only U.S. law)? California

My uncle is the executor for my aunt's will (not his wife, his wife's sister)
It has been 18 months since she has passed away.
We have reason to believe that he put himself on her bank accounts as joint tenant after her husband passed away (rather than proxy) to pay her bills, etc.
He entered only her home on the probate filing. He did not answer questions about how much cash there was until pressed recently. He gave us a figure which is not believable to five of the heirs based on our understanding of her assets over the years.
How can we find out about other assets (bank accounts specifically) that she may have had but that he may have stolen? We have asked him for a full accounting of accounts and he is stalling. Do I need to hire an attorney to get information legally obligated to be furnished to us? Can I subpoena bank records if he does not provide them as requested?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[tecate]

Are you a beneficiary under your aunt's will?

 

[valletta]

Are you a beneficiary under your aunt's will?

Yes, there are 9 of us.
We have reason to believe there is more than $1M is cash assets but the executor has told us there is $200,000. He put himself on the accounts which he has told us about. He has been defensive and stalling in his behavior.

 

[tecate]

Look at Probate Code Section 8800 and following, especially Section 8870, for procedure.

 

[valletta]

thank you, probate code

Thank you for that reference....I have read most of it now...
So it sounds like we, as heirs, would need to file a petition to have my uncle testify under oath to a court about bank accounts he may have added his name to after my aunt's husband passed away in 2004. Is that correct?
He told us that after my aunt's husband died he added himself to her accounts. Legally he is trying to make the claim that he could keep that money, i think, which is why he did not add it to probate filing. Because we pushed and asked questions (which he did not want to answer) he now says there is the $200K but we know there is more. How do we get more info from the banks? We have to go the petition to court route?
Thanks again

 

[Dandy Don]

There is no way legally that he could have had his name added to the bank accounts AFTER her death and the bank may have erred IF they did that. I wonder if he is telling you the truth about that--IF he had gotten a signed power of attorney from her before her death he could have used that to add his name to the account before she died. You will just have to wait and see what is discovered in probate.

You would be wise to consult with a local probate attorney for an initial consultation, perhaps for an hour or 2, just to get your concerns answered about procedure, etc.

DANDY DON IN OKLAHOMA ([email protected])

 

[valletta]

Maybe I wasn't clear...

My uncle added himself to my aunt's accounts while she was alive but after her husband passed away. She was in her late 80s and my uncle the executor could have had her sign new signature cards, she would not have understood the difference between joint tenants and proxy for example. That is what we think happened.
I need to get access somehow to account activity which will probably show he depleted her accounts or just put himself on as joint tenant.

Thanks!