probate

[momsgirl]

What is the name of your state?What is the name of your state?oklahoma.
my parents had a joint will. dad died 2 years ago, a month before he died died he redid will and made brother over it. mom was put in assisted living, brother had power of attorney. now mom has died and brother says he kept no accounting. used account as his own. finally after 2 trys by court he has come up with some accounting. got a bank page showing my dad and mom's name and his name. but his brith date and year is wrong. like 15 years and 2 weeks on birthday. and just $300 in bank after there was $180,000 to begin with plus social securty, stock annually payments, life insurance policies he forgot about. week before court he bought a new car, lawyer made him take it back. judge gave him 2 more weeks for accounting again. dad had 4 bank accounts, he said closed them all but this one. my mother had alzihmers. do you think he is hiding something and really i know my brother he does nothing but lie, dad figured brother had no wife or kids and i did, he would have more time to deal with it all. oh he didn't work for over a year during all this. thank you, hope it make sence.

 

[lwpat]

It makes perfect sense. You brother has stolen all of the money and there is little that you can do without spending a bundle on legal fees. Even if you do get a judgement he can just file bankruptcy.

In addition the police will not usually get involved in a family matter like this even though it is pure and simple theft.

Life insurance would not have been a part of their estates and should have been paid directly to the beneficiary. I am assuming that you Dad had life insurance payable to your Mom and that is what is gone.

oh he didn't work for over a year during all this.

All the money he took was his salary for handling the estate. At least that will be his justification for stealing from you and your kids.

 

[Dandy Don]

So sorry that you have been cheated. All the money he took CAN NOT BE LEGALLY CONSIDERED "HIS SALARY"--but rather, some of it is theft if it can be proven that he did not spend it for the care of the parents, and it looks like you do have a good case but you need help in gathering the documented evidence.

What he has done is considered abuse of the power of attorney and in this state it is called embezzlement. Start talking to any attorney who specializes in elder financial abuse or a business law attorney and they can help you bring charges against him. Your attorney can also possibly attempt to negotiate with brother to ask him to return some of the monies to probate and repay the rest in order to avoid charges.

DANDY DON IN OKLAHOMA ([email protected])

 

[momsgirl]

probate again

oklahoma. there is some stock left which i am trying to prove he used account money and repay it from his share of stock. how can bank statement have his birthdate and birth year wrong. could he have used fake id? isn't that lying on a contract? couldn't believe ater going on and on about how much money there was then when mom dies there isn't any and he just laughed about it. isn't laughing now though. pleny mad cause court wants an accounting. thank you so much for your help.