Executor of estate has not disclosed all assets even though asked Told we need proof of fraud How to get that?

Question

My brother andy53333 asked the question what to do with older brother who is executor of the estate of my late Father, passed in '96. Executor will not give us copies or any information on the Deed plus, after researching we found a mutual fund that was not disclosed to us.The answer given was to get Evidence to prove fraud, HOW! when he has all the papers and we can't access anything, like the life insurance! Yes I found info on the Mutual fund but, we need the executor of the estate to sign documentation in order to even find out what kind of activities have occured on that. We searched records on the deed and find no other records other then when my Father purchased the property back in 1961. Asked for copies/bank statement from Estates checking acct & all we get is Excel SPREADSHEET.Unfortunately, the finances of the other 3 heirs are very limited so, the burden lies on me to hire an attorney for this. DO YOU think a paralegal could help ,(less $$) or do I need to get an attorney?

Answer 1

avenue number 1: petition the court using the documents you have available [such as land records, etc.], asking the court to order a full accounting of the Estate made to all the residuary heirs. In my state, a full accounting is required periodically unless those heirs have ALL waived such an accounting.

avenue number 2: go visit the district attorney or similar officer in the state and county where your father lived. Take your records with you. Defrauding the Estate is likely a felony and it is the DA's job to bring felons to justice in criminal court. The Da can get the police going on the task and issue subpeonas to known assets such as the mutual fund's managers.


GL

Answer 2

If you can prove your Father owned any shares of the mutual fund, and that they were not disclosed, that in itself is evidence of fraud. Once the court has that evidence, it can compel the fund and any other financial institutions that are or were holding accounts to produce records.

Answer 3

have your attorney take this to court...he may be held in contempt.....but you will need an attorney....

good luck