Legal Question in Wills and Trusts in California

Paralized Uncle has Joint Bank Account with Nephew Who Possibly Inappropriates F

Paralized Uncle lived with nephew and nephew's wife who cared for him his last 13 months, then dies. Prior to death, nephew wrote a number of checks that funds were not accounted for. Very suspicious. Money in joint bank account was Uncle's SSI and Pension. $25,000 to $30,000 not accounted for, after I, the executor and son of the Uncle obtained copies of the checks during the life of the account. Should I press charges and how? Estate is still in probate. Also, how much of this information are the heirs on the Will entitled to know, if any at all, unless charges are made against the nephew and his wife?


Asked on 12/24/00, 11:54 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Paralized Uncle has Joint Bank Account with Nephew Who Possibly Inappropriat

You have a legal duty to the estate to collect any money that might be due. If you fail to perform this duty you might be responsible for the loss. If you believe that crime is taken place you should report to the authorities immediately. As executor, you also have authority to file a civil lawsuit against anybody who owes money to the estate.

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Answered on 12/27/00, 2:31 pm


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