State of CA – dad passed away this year. He was divorced, and has 4 adult children. No will. CA rules state that the estate is to be divided among the 4 children. Because the total value of estate is under $100k, and no real estate, probate is not required, thus there has been no court appointed executor.
One sibling living closest to dad has proclaimed themself to be the "executor" of the estate. We all know that he had about $40k in savings, a separate checking account, plus a few outstanding credit cards totaling about $5k. Additionally, there is some Unclaimed property in his name that the state of ca is holding. A claim has been submitted to recover that property, but takes about 6 months to process, according to the state controller.
"Executor" sibling started giving conflicting statements to other siblings about whether or not credit cards have been paid off, and how much $$ remains in the bank. Because of the conflicting stories, huge red flags rose in our minds – what is the REAL story? Numerous requests have been made to executor to provide paper copies of credit card statements, bank statements, etc. Executor just ignores the requests for an accounting of the estate.
Other siblings are now working on obtaining documentation from banks and credit cards to figure out what has been happening. We have discovered that the savings account has been closed, but without a court order, the bank will not disclose if there is a new account in dad's name, or if the $$ was deposited in an account in Executor's name (if the money is even still at the same bank!) It also appears that one credit card was used by Executor either while dad was still in the hospital, or shortly after his death, because when he went into the hospital, the balance was $1800, but now shows a balance of $2600! We know there is interest, but not THAT much interest! Also, the Executor forged his signature on checks from his checking account after his death. Perhaps some of these were to pay legitimate bills of dad's, but there were way more checks written than he had bills to pay. So now we have to obtain copies of these checks. And the checking account is now closed. UGGHHH!
Executor has been strapped for cash, but now is putting a LOT of $$ into fixing up his house to sell and move out of state. We feel in our collective gut that this is dad's money going into this house. The rest of the siblings know how the Executor's mind operates, and believes the Executor is rationalizing by "borrowing" from dad's estate, fix up the house, sell it, put the $$ back into the bank, and "no one" would ever know, because there is a 6 month wait to get the unclaimed property from state of calif. (in other words, a 6 month float of time to have to account for all the $$).
If our suspicions prove true, what is the next step to take? Do the other siblings contact the police in the city where dad lived? Or do we hire an estate or probate lawyer instead? Or do we do both? Do we place a lien on the house to recoup the estate money (maybe plus interest?) If so, how do we go about doing that? Do we have to sue the Executor to recoup the estate $$?
How can the Executor be forced to provide an accurate accounting of the estate, including backup documentation (since we can't believe what the Executor tells us)?
We thought that it would be a good thing not to have to go through probate. But there seems to be no accountability on the Executor's part. At least with probate, the Executor has be accountable to the court.
Any advice? PLEASE ? ? ?
One sibling living closest to dad has proclaimed themself to be the "executor" of the estate. We all know that he had about $40k in savings, a separate checking account, plus a few outstanding credit cards totaling about $5k. Additionally, there is some Unclaimed property in his name that the state of ca is holding. A claim has been submitted to recover that property, but takes about 6 months to process, according to the state controller.
"Executor" sibling started giving conflicting statements to other siblings about whether or not credit cards have been paid off, and how much $$ remains in the bank. Because of the conflicting stories, huge red flags rose in our minds – what is the REAL story? Numerous requests have been made to executor to provide paper copies of credit card statements, bank statements, etc. Executor just ignores the requests for an accounting of the estate.
Other siblings are now working on obtaining documentation from banks and credit cards to figure out what has been happening. We have discovered that the savings account has been closed, but without a court order, the bank will not disclose if there is a new account in dad's name, or if the $$ was deposited in an account in Executor's name (if the money is even still at the same bank!) It also appears that one credit card was used by Executor either while dad was still in the hospital, or shortly after his death, because when he went into the hospital, the balance was $1800, but now shows a balance of $2600! We know there is interest, but not THAT much interest! Also, the Executor forged his signature on checks from his checking account after his death. Perhaps some of these were to pay legitimate bills of dad's, but there were way more checks written than he had bills to pay. So now we have to obtain copies of these checks. And the checking account is now closed. UGGHHH!
Executor has been strapped for cash, but now is putting a LOT of $$ into fixing up his house to sell and move out of state. We feel in our collective gut that this is dad's money going into this house. The rest of the siblings know how the Executor's mind operates, and believes the Executor is rationalizing by "borrowing" from dad's estate, fix up the house, sell it, put the $$ back into the bank, and "no one" would ever know, because there is a 6 month wait to get the unclaimed property from state of calif. (in other words, a 6 month float of time to have to account for all the $$).
If our suspicions prove true, what is the next step to take? Do the other siblings contact the police in the city where dad lived? Or do we hire an estate or probate lawyer instead? Or do we do both? Do we place a lien on the house to recoup the estate money (maybe plus interest?) If so, how do we go about doing that? Do we have to sue the Executor to recoup the estate $$?
How can the Executor be forced to provide an accurate accounting of the estate, including backup documentation (since we can't believe what the Executor tells us)?
We thought that it would be a good thing not to have to go through probate. But there seems to be no accountability on the Executor's part. At least with probate, the Executor has be accountable to the court.
Any advice? PLEASE ? ? ?
