Legal Question in Wills and Trusts in Washington
Civil Theft / Breach of Fiduciary
In August of 06 when my mother is seriously ill by brother who was named executor of her estate obtains general power of attorney, possible using undue influence. He then has himself listed as beneficiary (Payment on Death) on a number of her CD's. He does not inform me that he had obtained POA or had himself listed as POD on the CD's. A month after my mother dies (Sept 07) he notifies me of the above and sends me a copy of a notarized document stating that all CD's where he is listed as POD is to be shared equally with myself, him, and my sister. He does not reveal any details of the values of the CD's. He makes no distribution to me of any monies in the year and a half after my mother's death and I now have ever reason to believe he not going to willingly do so without me having to file a civil suit to compel him to do so.
Under what civil torts might I pursue a suit?
Currently the will has been filed but not yet probated. I could try and get the assets brought back into the estate based on undue influence upon a person who is failing mentally. I think my brother would have a very difficult time explaining why as executor it was necessary to take the action of listing himself as POD to begin with.
1 Answer from Attorneys
Re: Civil Theft / Breach of Fiduciary
There are several duties an executor has and an attorney in fact has. Your brother may have violated these in one or both roles. It is best to review your matter with an attorney to see if your brother has likely violated these duties.
Feel free to contact me further if you would like as we regularly handle matters similar to this.
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