My grandfather recently passed away. He had a will in which he left all of his assets to his children and grandchildren. We have recently found out that my uncle has been withdrawing money from all of my grandfather's accounts (the account only had my grandfather's name on it with no beneficiaries) and have also been hiding my grandfather's assets so it will not go to probate. For example, as soon as my grandfather passed away, the uncle went to the safe deposit box and took all of my grandfather's savings bond. There were no P.O.D or beneficiaries on these bonds. All of the bonds were in my grandfather's name and in my late grandmothers name. The uncle's intention is to wait until the probate process is over and then cash it all for himself. The uncle has disregarded everything the Executor of the will has asked him to do and has also changed other bank accounts to his name (grandfather did not speak English and often had the sons translate for him - none of the sons were listed on the account).
It seems as if you have answered your own question here by mentioning the Executor has requested information and action from the Uncle and he has failed or refused to help. It is up to the Executor to take the next step, be that filing a motion in Probate Court or contacting the Police Authorities to discuss theft and conversions charges (or both).
If the Executor and his attorney have not already begun this process, some gentle poking to insure it gets started promptly would be in order. If you have further specific questions, it would benefit you greatly to consult with a local probate attorney on your own to insure you're not overstepping your bounds, but things do still get done.
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
In this kind of situation it's up to the personal representative-- that's the executor approved by the court-- to take action against the uncle. The Personal rep must discuss this with his or her lawyer and decide what to do.
No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois.
The personal representative should be asking their lawyer this question.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
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