How to get full accounting of expenses taken from estate?

What is the name of your state? Texas

Stocks and Bonds have been in the hands of American Express Financial adviser and co-heir with POA. There have been family properties sold during this time that I am unaware of. Where to start when trying to trace back monies taken a few years back to finance the co-heirs divorce. We are both co-executors.

Jacey said:

What is the name of your state? Texas

Stocks and Bonds have been in the hands of American Express Financial adviser and co-heir with POA. There have been family properties sold during this time that I am unaware of. Where to start when trying to trace back monies taken a few years back to finance the co-heirs divorce. We are both co-executors.

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https://forum.freeadvice.com/showthread.php?t=366849


Get a lawyer.

Get a lawyer.

Get a lawyer.

Thank you, can you expand on that, Senior Judge? The lawyer handling the probate lives in the area and is representing both of us per the will. I have contacted his office, but not heard back from him but from his office that I would not have to physically be there to have the papers for co-executorship filed. These were being filed this AM for my brother and myself. As far as I know. I figured my time would be better spent going down there after this event had taken place. The lawyer I have consulted would not be able to get money out of the estate, and I do not have funds for him at this point for things that already should be in the process set up. Am I able to get the American Express statements for say, the past 5 years based on filed co-executorship..and what consititutes proof? Do I have to go there to get proof of co-executorship?

Jacey said:

Thank you, can you expand on that, Senior Judge? The lawyer handling the probate lives in the area and is representing both of us per the will. I have contacted his office, but not heard back from him but from his office that I would not have to physically be there to have the papers for co-executorship filed. These were being filed this AM for my brother and myself. As far as I know. I figured my time would be better spent going down there after this event had taken place. The lawyer I have consulted would not be able to get money out of the estate, and I do not have funds for him at this point for things that already should be in the process set up. Am I able to get the American Express statements for say, the past 5 years based on filed co-executorship..and what consititutes proof? Do I have to go there to get proof of co-executorship?

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Wait.. The brother that is going to be co-executor is the same person that you believe used the deceased's assets improperly under the authority of a POA to finance his divorce? And you are going to try to reclaim those assets? And both co-executors are retaining the same attorney to represent them?

You are heading for a train wreck. To paraphrase seniorjudge:

Get your own lawyer.

Get your own lawyer.

Get your own lawyer.

I am using the same lawyer as my brother up to the point he will not allow for open books. This way the original lawyer can file the co-executor papers..send me the info on what that means..and basically move us further up the road. When it comes to doing the inventory I may have a list of properties that will need to be explained as to why they a)do not exist in the holdings and b) are not listed as being sold and reinvested. That is where I think I need access to the Amex accounts..but was told I may have trouble getting them to release to both of us. This sounds flagrantly wrong to me. Why wouldn't self dealing be a common and rampant occurence if there are no checks and balances in place, if there is no accountability inherent in the system. I do have a criminal lawyer in the wings, but he is not hired by the estate and I am not quite sure how he will be paid at this point. He has found properties I was unaware of. I am also aware that the original lawyer is only interested in splitting the amount left at the time of my mother's death..and not with anything preceding it. Acts like that is a non-issue. Can this thing really be dead in the water if I can't fund another lawyer since I haven't been lining my pockets these past 5 years with other people's money?

And have you revealed to the "same lawyer as my brother" that you may well be bringing an action against his other client (your brother)?

I had my first actual conversation with the estate lawyer this afternoon. I told him that I was concerned about inventory that was supposedly lost by the nursing home..my mother's wedding rings etc. He knows I am talking to the other lawyer..they know each other and so I suppose he knows I am not a happy camper. I told him I just wanted the books open, to which he replied as I mentioned before..like his only comment was, what was in your mother's estate at time of death will be split after inventory is complete.