Nephew Steals from Deceased's Estate in PA

[JustFacts Pleas]

What is the name of your state? PA

My brother-in-law (John) has taken moneies from his deceased uncle's estate - There is proof that there were CD's that named his grandmother (now deceased) along with other family members still living) as beneficiaries; the CD's have been cashed-in but the living beneficiaries have no knowledge of the amount of the CD's or where the money went. HOwever, through a slip on John's part, accounts have been found with John as "Trustee"and his two children + his dead grandmother named as beneficiaries - he's used his son's social security number as the tax ID on the accounts and listed his 2 children's address as being the same as his dead grandmother!

My husband is the Executor of the deceased uncle's estate. John had full access to his deceased uncle's house and bank accounts after he died and fully expected to be Executor of the estate. When the Court deemed my husband to be the Executor of the estate, he flipped-out before "allowing" my husband to be Executor & has taken the role of 'helper'.

What are the legal options to recover the monies stolen from the estate? Can John be charged criminally by the estate, the Court, or by the heirs?What is the name of your state?

 

[BlondiePB]

What is the name of your state? PA

My brother-in-law (John) has taken moneies from his deceased uncle's estate - There is proof that there were CD's that named his grandmother (now deceased) along with other family members still living) as beneficiaries; the CD's have been cashed-in but the living beneficiaries have no knowledge of the amount of the CD's or where the money went. HOwever, through a slip on John's part, accounts have been found with John as "Trustee"and his two children + his dead grandmother named as beneficiaries - he's used his son's social security number as the tax ID on the accounts and listed his 2 children's address as being the same as his dead grandmother!

My husband is the Executor of the deceased uncle's estate. John had full access to his deceased uncle's house and bank accounts after he died and fully expected to be Executor of the estate. When the Court deemed my husband to be the Executor of the estate, he flipped-out before "allowing" my husband to be Executor & has taken the role of 'helper'.

What are the legal options to recover the monies stolen from the estate? Can John be charged criminally by the estate, the Court, or by the heirs?What is the name of your state?

What has your husband's attorney said?

(p.s. - That's a hint.)

 

[JustFacts Pleas]

The attorney is a friend of John's We discovered the foul play while reviewing the deceased's accounts at the bank, literally, yesterday. We're looking for an Estate attorney tomorrow.

 

[BlondiePB]

The attorney is a friend of John's We discovered the foul play while reviewing the deceased's accounts at the bank, literally, yesterday. We're looking for an Estate attorney tomorrow.

Your husband definitely needs his own attorney. This cannot be resolved on the internet. Yes, John can be facing both civil and criminal lawsuits. If John's attorney friend has a part in this, report him/her to the bar.

 

[JustFacts Pleas]

Thank you. The situation is very unfortunate and John's greed, even more so.

 

[Dandy Don]

Your husband or his attorney needs to be asking brother-in-law if he obtained power of attorney from the deceased uncle before he died, since it looks as if John was acting with such a document to manage the financial affairs.

Your husband, as executor, has the right to get specific details from the bank about how the CD's were handled and how the beneficiary designation was changed: what were the CD's worth, what was the specific beneficiary designation before the change was implemented, was the beneficiary change implemented by showing a POA or verbally only, what was the maturity date on the CD's, were they cashed in before or after the maturity date. If he used a POA to submit the beneficiary change or to cash them in, this could be considered abuse of POA and you need to review with your attorney whether Pennsylvania has specific laws against abuse of POA.

He is offering to be a "helper" because his guilty conscience tells him that the executor is soon going to uncover his misdeeds. If possible, after all the facts are in, your attorney needs to present him with an offer that if John reverses his transactions and cashes in the annuity money to give the money to the originally designated beneficiaries, that he will not face legal charges, and I think he will agree to this rather than going through a lawsuit that would be costly on both sides with attorney fees.

DANDY DON IN OKLAHOMA ([email protected])