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Help! taken advantage of parent's estate by unscrupulous brother-in-law

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L

lingil

Guest
Here's the scenerio: Mother died 7/96, father died 7/97 in New Jersey. Sister is Executrix, but her husband who was disbarred 30 years ago and spent year in jail for embezzling a client, has been handling the legal matters for her. Mother left a letter stating that a her diamond rings and "good" jewelry would go to the daughter (worth approximately $8K, and the dining room set with all the contents therein (china, silverware, crystal) worth what they claim as $8,600 would go to the son. We didn't pick up the diningroom set until after the father passed away for obvious reasons. After father's funeral were told to come pick up any furniture we might want and the dining room set. We took some of it after they picked out what they wanted and they donated the rest. This week we got a copy of the final accounting from them after they had already filed it at the Surrogate's court. The estate included the sale of the house along with other assets and totaled $114,224. He (unscrupulous brother-in-law) not only deducted the dining room, without deducting the jewelry sister got, but they also highly over-inflated the worth of the items that we did take to the toon of $15,880. For example, 20 year old well-worn, patched recliner chairs he charged us $1,500, which, if lucky, you maybe could get $25 for at a garage sale - 20 year old small freezer that has already given up the ghost - $250. This is just two examples - he over-inflated every item. Well, when upset brother calls sister and discusses this matter, she too is now upset and obviously left the entire matter up to her husband as when told about some the figures, she sounded a bit perplexed. She said she would take another look at it get back to us. That was 5 day's ago. My question is can we get this S-o-b for fraud if they don't change the figures? We can prove that the items were over-inflated. It is obvious that he did this in order for their take of the estate to be approximately $20K more (if not more than that, who know's what else he pulled). Would appreciate any advice on this. Thank you
 


ALawyer

Senior Member
The guy is a proven crook, and the years do not seem to have made him more honest. Although the matter can raise an ongoing stink, as your sister has to defend her husband, I would suggest speaking to a lawyer in New Jersey NOW. One approach would be for the lawyer to send brother in law a letter saying that unless this is adjusted he will have to object to the final accounting that has to be filed in the probate court.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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