Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.
POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car to buy a new car and put it in her name only. Removed 100,000 dollars from account once death was immanent. Death 3 days later
A: This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a do it yourself project, however. You should hire a fiduciary litigation or probate attorney, maybe both, to help you.
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