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Acquiring Account Info using Letters Testamentary

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Jacey

Junior Member
What is the name of your state?
Texas

I am co-executor to an estate where there has been self-dealing going on by the other co-executor, who had Power of Attorney for the last several years. I am attempting unsuccessfully to get the past years activities on these accounts, and am being told I must go to the person holding that power of attorney, the fox, for accounting of the chickens in the hen house.

I have been talking to the senior financial adviser for an Ameriprise Platinum account, who has been protecting this other party for several years. Can I go over his head and legally acquire these documents, or do I have to hire a lawyer (which I have, but don't want to use unnecessarily) and subpoena this information.

There is no communication between me and the other co-executor at this point for obvious reasons. There is property missing and estate items that have transferred into this other person's name..so I am not imagining self-dealing..just to what degree.

Thank you for your help!
 
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anteater

Senior Member
What is the name of your state?
Texas

... and am being told I must go to the person holding that power of attorney, the fox, for accounting of the chickens in the hen house.

I have been talking to the senior financial adviser for an Ameriprise Platinum account.....

Can I go over his head .....
I take it that the "senior financial adviser" (in other words, sales weenie) is the one dong the telling?

Of course you can go over his head. The first time he gave you a bunch of baloney you should have asked to speak to his manager.
 

seniorjudge

Senior Member
What is the name of your state?
Texas

I am co-executor to an estate where there has been self-dealing going on by the other co-executor, who had Power of Attorney for the last several years. I am attempting unsuccessfully to get the past years activities on these accounts, and am being told I must go to the person holding that power of attorney, the fox, for accounting of the chickens in the hen house.

I have been talking to the senior financial adviser for an Ameriprise Platinum account, who has been protecting this other party for several years. Can I go over his head and legally acquire these documents, or do I have to hire a lawyer (which I have, but don't want to use unnecessarily) and subpoena this information.

There is no communication between me and the other co-executor at this point for obvious reasons. There is property missing and estate items that have transferred into this other person's name..so I am not imagining self-dealing..just to what degree.

Thank you for your help!
Keep all your questions on this matter in your original thread.
 

Dandy Don

Senior Member
What do you suspect has been going on with the account? Do you have evidence of suspicious activity with other assets as well?

You are entitled to that information as co-executor, but before you request it you should consult with an attorney to find out if your state has laws on abuse of power of attorney and/or elderly financial abuse and whether this has actually occurred. Normally the co-executor should have to provide an accounting statement for any assets supposedly taken to care for the decedent, and maybe that accounting might answer some of the questions you have.

Try to get an understanding of whether your acquiring this information, if the company also notifies the co-executor, whether this would delay or interfere with the probate process or not.

DANDY DON IN OKLAHOMA ([email protected])
 
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Jacey

Junior Member
What do you suspect has been going on with the account? Do you have evidence of suspicious activity with other assets as well?

You are entitled to that information as co-executor, but before you request it you should consult with an attorney to find out if your state has laws on abuse of power of attorney and/or elderly financial abuse and whether this has actually occurred. Normally the co-executor should have to provide an accounting statement for any assets supposedly taken to care for the decedent, and maybe that accounting might answer some of the questions you have.

Try to get an understanding of whether your acquiring this information, if the company also notifies the co-executor, whether this would delay or interfere with the probate process or not.

DANDY DON IN OKLAHOMA ([email protected])
Thank you for your thoughtful remarks.

A meeting called several years ago revealed 200K "borrowed" by PoA and was to be repaid by selling of one of his houses. At this meeting the Ameriprise broker said, No, market is soft, better to just make matching funds available. That is not happening. Also P/A transferred new car belonging to the deceased the day before she passed into his own name.
Upon contacting Ameriprise headquarters, was told that they could not release account info until the estate account had been set up with both signatures required. That is where I am now...wondering if I have to sign to set up account to get this info or if I am just being railroaded to do so for their benefit.

I do have nursing home records..not a problem getting them with Letters of Testamentary. Don't want to prolong any longer than necessary this preliminary discovery work.
 

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