What is the name of your state?What is the name of your state? Ohio
My Father died 1 year ago and a sibling was left as executrix of will and trustee of the trust fund. (we are in probate, although he had a trust fund...confusing to say the least) Some of us hired an attorney (at a costly price) to get to the bottom of our fathers funds and to locate some missing money. 2 large sum checks do not appear in any of his bank statements (trust or estate). One (1) was for wrongful death proceeds from his wife's death to him (after his death) from a law firm. The personal injury attorney involved with his accident case withheld a very large sum for a medicare subrogation lien, however the executor paid this lien to medicare out of the estate checking account. There is no deposit record in any of his accounts reflecting either of these dollar amounts. (1 check is for $100,000, the medicare lien was $63,499) This either means the personal injury attorney either refunded the money to executor or he paid the lien as well meaning medicare was paid twice. Quite frankly we don't know what has happenned to the money, even tho it could all be innocent and explainable. Here is the dilemma.....I am firmly convinced that receiving copies of these 2 cancelled checks by the two law firms would in fact prove or disprove what might have happenned to this money without having to go through a complete line item accounting searching for any wrongdoing and would save us a bundle of legal fees. Being appointted as a fiduciary by the court she would be bound by laws of the court. Is it smart to steer our attorney in the direction of getting these checks (to save costly legal fees) and if in fact it is found that this person deposited these funds into accounts not belonging to my father would this be a case for a state attorney or prosecuting attorney? This individual will not even send a full accounting to any of us or our attorney. We requested the full accounting in October of 2004 and are still waiting to receive it. I desperately am in need of an answer to this question. Someone PLEASE Help.
My Father died 1 year ago and a sibling was left as executrix of will and trustee of the trust fund. (we are in probate, although he had a trust fund...confusing to say the least) Some of us hired an attorney (at a costly price) to get to the bottom of our fathers funds and to locate some missing money. 2 large sum checks do not appear in any of his bank statements (trust or estate). One (1) was for wrongful death proceeds from his wife's death to him (after his death) from a law firm. The personal injury attorney involved with his accident case withheld a very large sum for a medicare subrogation lien, however the executor paid this lien to medicare out of the estate checking account. There is no deposit record in any of his accounts reflecting either of these dollar amounts. (1 check is for $100,000, the medicare lien was $63,499) This either means the personal injury attorney either refunded the money to executor or he paid the lien as well meaning medicare was paid twice. Quite frankly we don't know what has happenned to the money, even tho it could all be innocent and explainable. Here is the dilemma.....I am firmly convinced that receiving copies of these 2 cancelled checks by the two law firms would in fact prove or disprove what might have happenned to this money without having to go through a complete line item accounting searching for any wrongdoing and would save us a bundle of legal fees. Being appointted as a fiduciary by the court she would be bound by laws of the court. Is it smart to steer our attorney in the direction of getting these checks (to save costly legal fees) and if in fact it is found that this person deposited these funds into accounts not belonging to my father would this be a case for a state attorney or prosecuting attorney? This individual will not even send a full accounting to any of us or our attorney. We requested the full accounting in October of 2004 and are still waiting to receive it. I desperately am in need of an answer to this question. Someone PLEASE Help.