I believe Executer unlawfully accessed bank account. Can he be charged? What steps to take to remove him as Executor?

[BillZ]

What is the name of your state? New York

My Wifes brother is the Executor of the Mothers will. He really is only the executor of some bonds and one bank account. The mother also had a bank account that was a joint account with my wifes sister. The sister was watching the mother, having her live at her home with her family, and that joint account was established basically for a matter of convienence so the mothers bills could be paid, or any other items the mother wanted/needed. From everything I have read, that joint account becomes the sole property of the sister, upon the mothers death, and that an executor of the mothers will (the brother) has no legal rights to access that account.

If the above is true, then I do not know just how the executor was given full access to this joint account. He went to the bank, produced court papers. or whatever he had, tried to give them the mothers death certificate but they told him the sister already gave them that, which then wouldnt that prove they were aware that one person on the two person joint account (sister and mother) was dead, and shouldn't they then know that the executor of the mothers will (which did not list that account) has no legal right to that account regardless is it were in the will or not?

So, what happened here, and what recourse does the sister, or my wife have? I do not believe any money was taken out, but all info regarding the account, and apparently full access to the account was given to the brother (executor of will). How did this happen? Did he misrepresent something to the lawyer? Did he misrepresent something to the court? Did he misrepresent something to the bank? Did the bank simply screw up? Can the brother be charged with a criminal act? This last piece of information is one I am very interested in. It is also an interest to see what steps need to be taken to remove the brother, who i suspect is an active alcoholic (drunk driving arrest, or two, or so I believe, in the past), and seems to go off at night with disconcerning texts to multiple parties involved, including, from what i understand, a 5 page email to a real estate agent that they found so disturbing they do not even want us to see it. BTW, I have requested a copy of that email to possibly be used, along with the account access, to remove him as the executor.

I know this is a lot. I do not meant to take advantage of a good thing here, but not sure where to turn next. We may possibly want him removed, and possibly charged for the bank account access.

 

[adjusterjack]

First of all, you are getting third hand information (sister to wife to you) so you have no idea what really happened.

Second, your wife's sister, who was the joint account holder with her mother (who I assume is deceased) is the ONLY one who can do anything about anything with that account. And what she can and should do is go to the bank take out ALL the money (it's ALL hers now) right now, take it to a different bank (not just a different branch) and open up an account in her own name, or deposit it in her own account if her own account is at a different bank. Considering the brother's attempt, it would be beyond foolish to delay another day.

Third, if your wife's brother is the executor of his mother's estate, has opened probate with the court, and has court papers acknowledging him as executor, then he is the executor of ALL of his mother's estate, not just bonds and one bank account. Apparently, there is real estate. He is executor for that as well.

Understand that you have no "legal" right to be involved in your mother-in-law's estate. If your wife and her sister want their brother removed as executor, they will need to hire a lawyer and prove (not just say) to the court that the brother is not "legally" fit to be executor. It's a complex process, and not a DIY project.

 

[Foamback]

So, what happened here, and what recourse does the sister, or my wife have? I do not believe any money was taken out, but all info regarding the account, and apparently full access to the account was given to the brother (executor of will). How did this happen? Did he misrepresent something to the lawyer? Did he misrepresent something to the court? Did he misrepresent something to the bank? Did the bank simply screw up? Can the brother be charged with a criminal act? ………We may possibly want him removed, and possibly charged for the bank account access.

No crime happened, or at the least nothing happened where the police would want to get involved.

Accounts can be co-signatory versus co-owned, which results in different actions when an individual dies.

The BIL could certainly claim this was the case. I’m not even sure if death legally freezes out the executor from the seeking the information about the account.

https://www.businessinsider.com/personal-finance/bank-authorized-signer#:~:text=Authorized signer vs.,-joint bank account&text=The key distinction between an,does not own the account.