Missing Assets

[Woody02]

What is the name of your state?What is the name of your state? Illinois

My father died in April 2005. His modest estate is now in probate. My brother and I are the only beneficiares. My father won $100,000 in 2002 and to the best of our knowledge he had put the money in his bank account and had not spent it. We now understand the bank account has less than $1,000 in it. We have asked the executor to obtain a summary of the account activity from 2002 thru his death so that we could determine if there were any suspicious transactions. The executor (a female friend of my father) has refused to obtain this information saying it wouldn't accomplish anything which seems very suspicious to us. We offered to reimburse the estate and told the executor that we just want to be sure all of the assets of the estate have been accounted for but she has still refused. Do we have any options for obtaining this information? Thank you for your help.

 

[BlondiePB]

What is the name of your state?What is the name of your state? Illinois

My father died in April 2005. His modest estate is now in probate. My brother and I are the only beneficiares. My father won $100,000 in 2002 and to the best of our knowledge he had put the money in his bank account and had not spent it. We now understand the bank account has less than $1,000 in it. We have asked the executor to obtain a summary of the account activity from 2002 thru his death so that we could determine if there were any suspicious transactions. The executor (a female friend of my father) has refused to obtain this information saying it wouldn't accomplish anything which seems very suspicious to us. We offered to reimburse the estate and told the executor that we just want to be sure all of the assets of the estate have been accounted for but she has still refused. Do we have any options for obtaining this information? Thank you for your help.

Hire a probate attorney and spit the cost with your sibling. Your attorney will be able to make the executor account for your father's estate and produce bank records of your father's account.

 

[Dandy Don]

You have no options for getting that information.

He had the right to spend that money any way he wanted to while he was alive. So far you have given no justifiable reason for suspicion. Did someone (the female friend or anyone else) have power of attorney for him while he was alive?

DANDY DON IN OKLAHOMA ([email protected])

 

[Woody02]

Yes the executor did have a power of attorney the last 9 months of my dad's life after he found out he had cancer. No we don't have solid proof that would support our suspicions other than we know he did not spend the money on himself or on us and we don't believe he would have willing given the money to anyone else. It would seem such an easy solution to obtain the bank records but the executor refuses with no good reason.

 

[Dandy Don]

You need to be talking to a probate attorney or family law attorney to find out if your state has laws against abuse of POA or elder/financial abuse. If POA took the money out and can't prove that she spent it on dad's care and instead spent it on herself or kept it for herself, then she may be guilty of abuse. That's why she doesn't want to order the bank account records, because it will show how much she withdrew each time and she doesn't want you all to know about it.

DANDY DON IN OKLAHOMA ([email protected])