Q: After my mom died, my brother took money out of her bank acct. so she would not qualify for probate, is that legal ?
Mom lived in Kansas and died May 29, 2019 and my brother on May 30th as executor took over $ 130,000 out of her bank . My mom made it so we were able to write checks for her, that's how he took her money after she died. He has now told us that she did't qualify for probate. He is also refusing to respect her codicil because she didn't sign it, although it was with her will. Her lawyer here in Washington said she didn't need to sign it . He refuses to tell his 3 brothers, all heirs to the estate what he has been doing with her belongings, although we have seen one item promised to our son in the codicil at my brothers sons house hanging on the wall. He's giving things away. Saw it on facebook. Probate needs to be filed but he plans on distributing money to the heirs at the end of this month. He will not tell anyone what happened to the rest of her money . He thinks he is accountable to no one. Is there anything we can do ? The Will says to be divided up equally between the 4 sons.
A: Yes, you can open probate yourself and petition to be appointed personal representative yourself. You can then require him to deliver all estate assets to you for proper distribution, including the money he stole from her bank account. You will need a probate attorney to help you with this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.