Is this crimianl probate fraud ? I think I found hard evidence.?

Question

My grandmother was named the personal representative of my father who died in 1992. I was a child when he died that is why she was named the PR. My sister and I are the only heirs to the estate.She lied to us and told us there was no money left and basically tried to scare us of from ever calling her again.
Anyways last year I found out she has been basically stealing the money from us all of these years.
This week I found out that while the estate was briefly closed for 2 years she received dividend payments from my dad's stock She received about 8 thousand dollars in dividend payments and the checks were made out to her name - not the estate of my father. She hid this money from the court, from us AND FROM the IRS. I was looking for hard evidence because I want to start a criminal case against her.We are also trying to remove her as PR and need a concrete reason. My gut tells me this is theft and fraud. Can anyone confirm this?
Is this the concrete evidence I need?
Thanks!

Oh I also have the check numbers amounts and dates. The accountant at my dad's company told me the they paid her directly b/c she told them my father had willed her everything ( not true). She basically pocketed the money and never told us or the court about it.

Answer 1

Hire a lawyer and have him compel her to file an accounting for audit by the court. This will give him an adequate basis both to remove her as personal representative and surcharge her for inappropriate administration of the estate.

A probate court can force her to pay back what she wrongfully took from the estate, and that is the best place to start. You want to be able to recoup and misappropriated funds and surcharge her for any personal representatives commissions taken.

The problem is that she may have spent the money or given it away and may not have assets that can be liquidated to reimburse the estate for what was taken.

The concrete evidence you need is from the accounting that will be filed, plus any other evidence you and your attorney can come up through discovery proceedings -- subpoenaing documents, having depositions, and the like.

This is a matter you really shouldn't be handling yourself. Get a good probate lawyer to represent you and your sister.

Answer 2

Get a lawyer if you got all the evidence you say and you have a copy of the will you have a case just remember you need all of your evidence