Legal Question in Wills and Trusts in California

My father's widow is an illegal immigrant from Phillipines with a bench warrant out from 20 years ago in Texas when she failed to appear for an immigration hearing. She was made executor of his estate. He had one TOD bank account with stocks and bonds that was gifted to us and was to be divided equally among my sister, myself and my dad's widow. The securities firm (City National Securities) would not disburse the funds until three of us opened accounts. My father's widow failed to open an account because she said she needed a TIN (Tax ID #). She has delayed for seven months claiming she was still in the process of trying to get her TIN. Recently, we put more pressure on her and her probate attorney wrote us saying she is trying her best but that she can't do anything until she has an EIN (Employer's Tax ID Number) and that she also has to meet with Immigration Services before she can open an account. It appears clear now that she has never been attempting to get a TIN but that something else is going on. I have several questions: What could she possibly need an EIN for (there is no trust involved in the estate). Also, her best friend is an attorney who had financial Power of Attorney over my father in the last year of my father's life when he was mentally "gone. I have been concerned that maybe he did something that wasn't in my father's best interests as POE and asked to see the records for the past five years of the bank account where I know for most of his life he kept all his investments (which is the TOD account gifted to the three of us mentioned above). She is heir to all probate assets, which include his house (which was solely in his name) and any other assets that might exist outside of his TOD account. I have been concerned that the POE may have transferred money out of my father's TOD account into perhaps another account that my father may have had which his widow would then inherit, since it is not part of the TOD account. I know a POE could do that, but I have been told by an attorney that since it would have only benefitted my father's widow, it would have been wrong and could be challenged. As I said I have requested records to see what the POE may have done with money in that account but my requests have been ignored.

Now that I am told she is not seeking a TIN but an EIN and working with immigration, it is my belief that she has prevented my sister and I from inheriting out money while she tried to get a green card so she can avoid paying the steep inheritance taxes an illegal immigrant would have to pay. Further, I can't figure out why she would want an EIN. I feel something very fishy is going on, but I don't know what kind of attorney to consult who would have the best knowledge of the issues at hand (probate lawyer, immigration lawyer, tax lawyer)? Also, if she has prevented my sister and I from receiving our inheritance simply to delay while attempting to get a green card to avoid taxes.

And why could she possibly need an EIN. I feel she and her close friend the lawyer who had POE over my dad might be committing some kind of crime. Can anyone help me out as to possibilities or at the very least, what type of lawyer I should consult. I was named as the executor if she cannot fulfill her duties; does it sound like I could be appoint executor based on what I have explained? Please let me know whatever your thoughts are. They would be greatly appreciate it. I await a response. Thanks, Wayne

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