I need Advice Concerning My Mom's Estate

What is the name of your state (only U.S. law)? Michigan

I have been appointed my Mother's Personal Representative. She passed away January 17th, 2008. I live out of state, but am currently in Michigan visiting family. I went to her Credit Union to access the information concerning her bank accounts; Come to find out, my Step-Father has been depleting her accounts over the past few months. There is no stated beneficiary on her accounts. She wanted to put me on her accounts at Christmas, but like a dummy I didn't do it. I never expected anything to happen to her.

My Mom and Step-Dad have always kept all of their finances separate. I am not sure how my Step-Dad was able to do it, but all of a sudden, after not happening before, electronic withdrawals for their mortgage started coming out of her bank account, there was an unsigned check payment to a Debt Collector for $3300, and at least one over the phone payment to a vendor that wasn't my Mom's. These all started t take place at least 2 weeks after her death. The bank said that they could go after returning the money to the accounts because it is illegal to take money out when you are not the beneficiary or account holder. The bank told me that I cannot allow the accounts to get to zero, otherwise they would begin to accrue fees against the estate.

I am not sure what my Step-Dad is entitled to from her estate still if he is not a beneficiary on any accounts. If I try to recover this money can he take me to court? Could this prove more legal trouble than it is worth? Is it worth fighting for? What are my rights as her child and Personal Representative?

Thanks for any advice...What is the name of your state (only U.S. law)?

personal representative as far as being named POA? well that ceases on the date of death. did she have a will? was it probated? who is the executor?

My Mom's Estate

I had to apply to become her personal representative. There is no will. There are two accounts that didn't have me as the beneficiary on them; my Mom's bank account, and one mutual fund account. The house goes to my Step-Dad, and the only other thing that has only my Mom's name on it is her car title. I think I am going to try consult with a lawyer today. There was no executor appointed. That is why I had to apply. I asked my Step-Dad to do it, and he said he would talk to a lawyer. Well, he didn't. However, he had the fortitude to call the mortgage company and set up electronic withdrawals from my Mom's bank account, and to use her bank card to pay for his bills. I am torn because even though I know what he did is against the law, I am not sure legally how he can come after her estate for other money. I don't want to rock the boat so to speak because he could try to take everything because he was married to my Mom.

aprilms said:

I had to apply to become her personal representative. There is no will. There are two accounts that didn't have me as the beneficiary on them; my Mom's bank account, and one mutual fund account. The house goes to my Step-Dad, and the only other thing that has only my Mom's name on it is her car title. I think I am going to try consult with a lawyer today. There was no executor appointed. That is why I had to apply. I asked my Step-Dad to do it, and he said he would talk to a lawyer. Well, he didn't. However, he had the fortitude to call the mortgage company and set up electronic withdrawals from my Mom's bank account, and to use her bank card to pay for his bills. I am torn because even though I know what he did is against the law, I am not sure legally how he can come after her estate for other money. I don't want to rock the boat so to speak because he could try to take everything because he was married to my Mom.

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Were you issued Letters of Administration/Testamentary from the court?

My Mom's Estate

Yes, there would be no other way that I could get any information from her bank accounts to see what my Step-Dad was doing.

aprilms said:

Yes, there would be no other way that I could get any information from her bank accounts to see what my Step-Dad was doing.

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Just confirming, thank you.

Go to the bank and close the account. Have the bank make the check out to "Estate of ... (name of your mother). Until the title of the car is changed, no one should be driving the car. An accident is the last thing with which you want to deal.

My Mom's Estate

Can my Step-Dad legally come after me and try to take everything? Is what he did, draining my Mom's bank account illegal? Can he get into trouble with the law? I definitely don't want to ruin his life. Should I try to get all of the money that was taken out of the account put back in the account? I have copies of all of the transactions on my Mom's bank accounts for the past few months.

Q: Can my Step-Dad legally come after me and try to take everything?

A: Anyone can sue anybody for anything at any time anywhere.




Q: Is what he did, draining my Mom's bank account illegal?

A: How did he gain access to the accounts? Was his name on them?




Q: Can he get into trouble with the law?

A: Everyone can get in trouble with the law.



Q: Should I try to get all of the money that was taken out of the account put back in the account?

A: That's what a personal representative does.

Can my Step-Dad legally come after me and try to take everything?

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He can try and lose.

Is what he did, draining my Mom's bank account illegal?

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Yes.

Can he get into trouble with the law?

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Yes.

I definitely don't want to ruin his life. Should I try to get all of the money that was taken out of the account put back in the account?

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This is up to you. You need to go to the bank today and either close the account or freeze the account so that no more money will be illegally withdrawn. Discuss recovery with the bank representative. If they need the account open, freeze it. Otherwise, close the account TODAY!

My Mom's Estate

Q: Is what he did, draining my Mom's bank account illegal?

A: How did he gain access to the accounts? Was his name on them?[/I][/I]

I am not sure exactly how he did it ------ but my guess is that he did over the phone payments with my Mom's check card from her account...it can be used as a credit card; He must have called the mortgage company to get the electronic withdrawals started...my Mom's bank statements were still coming to their house. My Step-Dad had her account number by just opening her mail.

His name is NOT on her accounts. My parents kept their bank accounts separate. My Mom would NEVER put him on her bank accounts.

Gee, everybody is up early this morning.

Others may disagree with me, but I would opine that the chances of stepdad ending up in criminal doo-doo are slight.

If there is no will, how does the house go to stepdad? Jointly owned?

If there is no will, then MI intestate succession provides:

700.2102 Share of spouse.

Sec. 2102.

(1) The intestate share of a decedent's surviving spouse is 1 of the following:

(a) The entire intestate estate if no descendant or parent of the decedent survives the decedent.

(b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.

(c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.

(d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent.

(e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.

(f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.

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