Q: can a sibling caregiver draw out all funds of an estate without another sibling executors knowledge in a willed trust.
Older brother was caregiver of parents and wages defined by dad in trust. Youngest brother named executor. Several cash cd's involved. Approximately $350000. Dad passed seven years ago. Mom passed in February 2018. Several of the CDs were designated as to be shared equally amongst siblings. Parcel of property designated for me, bulk of farm to youngest (executor) and unmarried older brother. After moms passing, executor brother goes to banks in the process of settling estate, bankers refuse to talk to him and say no monies in the accounts, that mom signed for them. Mom was invalid, unable to travel and suffering memory loss. xxx, (executor) was never informed of anything. Oldest brother had full access to mothers checking accounts. Her SS direct deposited. That account also empty. Also, this brother had the timber cut from the property willed to myself knowing full well that it was willed to me. Do I have recourse?
A: You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your property, but whether you ask for it as a part of the estate or in a separate tort action, will depend on if the property has gone through probate yet.
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