Legal Question in Wills and Trusts in Pennsylvania

brothers forged mothers checks just 6 months prior to death. Also missing jewelry. Their is a police record of this. I'm I legally obligated to let the executor of the estate know this and if so , is it his responsibility to hire a forensic auditor to look into the matter?


Asked on 1/12/16, 5:17 am

1 Answer from Attorneys

So you are a sibling but not the personal representative, correct?

Are you legally obligated? Not unless the law imposes some duty to act on you. Are you morally obligated? Maybe.

You say that brothers forged checks. Are you sure? Was your mother mentally competent? Are you certain that mother did not make a gift and have brothers write the checks and just have mother sign? Assuming that there is indeed a police report why doesn't the executor know more? Why isn't the executor doing something?

Technically, if brothers stole money then the executor would have a cause of action (let's leave criminal prosecution aside). The executor could say to brothers who forged the check that they can (a) either reimburse the estate or (b) have the sum that they already stole deducted from their share. if the brothers who stole will not agree then the executor can tell the brothers he will provide information to the police and it will be up to the police to prosecute. and the executor can then seek reimbursement.

Can you prove that brothers also stole the missing jewelry?

Getting back to your moral obligations, if you say nothing then brothers that forged not only get the money they stole but also whatever they are entitled to receive under the will. If you are also entitled to receive stuff, that means the brothers are getting more than their fair share. Is that right? On the other hand, you probably do not want to see your brothers in jail.

You have to answer these moral questions for you. If you are not sure, then just tell the executor that he might want to look further into matters. But it depends on how much was stolen, whether money can be recouped and the cost involved of hiring a forensic expert and suing. If there is only $5000 in the estate, maybe not worth it. If $2 million was stolen, maybe it is. If you really have definitive evidence that brothers were guilty of actual forgery and/or stealing the jewelry then you probably ought to share that information, but you need to do what is best for you.

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Answered on 1/12/16, 5:13 pm


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