Legal Question in Wills and Trusts in New York

I am executor of my mothers will. My middle brother was her POA. I looked back 3 years in all bank statements, cancelled checks, bills paid, nursing home payments , etc. I found that he had made out 11 checks totaling over$ 5,000 to himself, 5 checks over $800.00 made out to our older brother and one check -$ 1,000.00 to his ex wife. Do I have the legal right to ask for receipts for the checks that were written to these people? Does he need to keep all the record of receipts till the estate is closed to prove why these checks were written ? Is one month sufficient time to show receipts ?


Asked on 5/30/16, 9:15 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

1. Yes, you have a fiduciary duty to do so.

2. Yes

3. That should be more than enough time for him to produce his proof.

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Answered on 5/30/16, 9:21 am


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