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Typical Family Situation

I am co-executor, with my Brother of our Mothers will made and probated in Pennsylvania. I had held the account in our Mothers name without changing it over to an Estate account. All of my Mothers obligations were being paid while my Brother argued over whether it required probate at all, as the estate qualified for a Small Estate Affadavit. ( under $ 25,000.00 ) He walked into the bank where the account in her name and not the Estate was held and had it closed. I asked him why he did this in light of on-going obligations of the Estate. He said he would only allow payments to be made once the will was probated. I agreed against my better judgement because of his on-going recalcitrance in all Estse matters and the will was probated and we were both accepted as co-executors by Probate.

He has again closed the Estate account because he alleged forgery against me for checks he signed for bill payments. The bank legal department and loss department have sent a letter denying his claim for re-imbursement and his allegation of forgery .

In a conversation with the bank officer, he informed me that he had closed the account on my Brothers hearsay essentially, and claims re-issued a check in the account name and that my Brother was taking legal action against me. I told the bank officer that we are both named as co-executors and that this appeared highly irregular because it requires two signatures to move the account. I asked for proof of this and again he said that my Brother would discuss this with me. All of this occurred three weeks ago and I stil have no information regarding the whereabouts of the remaining estate money. My Brother nor any attorneys have contacted me.

This seems fraudulent to me and I intend to ask many more questions of the bank.

 

Do I have any legal grounds against my Brother and the bank and must I now ask for a probate hearing ?

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Posted Answers

 
52 thumbs up

"Even the most ordinary man can make a difference, he just has to believe he can."

Hello Gregg:

You need to get legal counsel from an estate lawyer now.  It sounds like you may have a good case against both.  But only a lawyer with access to "all the facts" of the situation will know.

Generally, any lawyer will provide you with an initial legal consultation by phone or in person at no charge in order to determine whether you have a case and how he can help you.

Jane Doe Chronicles

www.janedoechronicles.typepad.com

 


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