what recourse is there if your sibling and his attorney took the funds from a deceased father bank account and not distributed.
Houston, TX
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Posted 8 months ago in Probate
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father passed several years ago and last year my brother emptied the bank accounts without notifing us and kept the proceeds for himself. there was no will and the attorney never gave a accounting of anything. it was tied up in probate for several years and last year the money was released and retrieved by my older brother and there was no will involved.
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Answers (1)Theodore W. Robinson
This attorney is licensed in New York.
Posted 7 months ago.
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If there was no Will involved and there was no spouse left living, then all siblings (brothers & sisters) should each receive an equal share of the remaining Estate - after all bills have been paid completely and all taxes have been paid.
If your brother "took" all the money in the Estate with the help of an attorney (which honestly sounds doubtful) you may ordinarily demand an accounting from the Surrogates or Probate Court and the person who was named the Administrator of the Estate will have to provide one to you. If this has already been fully completed, you should still go to the Court to look up the file, which should be open to the public, and review it to see what money was allegedly in the Estate and how it was paid out for bills, expenses and distribution before making a claim that it was simply stolen. You may not yet be in possession of all the facts surrounding the Estate and its holdings. You may want to hire an attorney to at least look into all these things since there are big differences between different state's laws and you should have a local lawyer handle it for you. Good luck. |