Suspect brother stole money from mother's estate

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Latest post 03-16-2007 2:21 PM by Leesiebug. 5 replies.
  • 03-15-2007 3:00 PM

    Question [=?] Suspect brother stole money from mother's estate

    I have 2 brothers who were made executors of our mother's estate. Sad thing is, the one brother had no interest in his responsibility so allowed the other brother to handle everything.
    As our mother's health continued to decline I called for a family meeting to discuss ways to protect her assests if she needed full time care. I suggested we buy a pre-paid funeral plan so when the time came we'd have everything taken care of and no worries or disagreements. I was told by my brother that the idea was stupid as he had the money saved and why give it to the Mortuary when it could gain interest in the bank. I wasn't happy about it but I wasn't in charge. A year later our mother passed away. I and my other brother totally forgot what we had been told the year before and were told that it would be up to us to pay for our mother's funeral as my brother who took charge said there wasn't any money.
    What can be done? It has been over 5 yrs. since our mother passed away. Has the statues of limitations run out? I feel my brother stole the money he said was put aside for our mother's burial. Thanks for any advice.
  • 03-15-2007 3:20 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    re: Suspect brother stole money from mother's estate

    Laymans take:

    It would be up to Moms executor or administrator to seek formal recovery of the funds. Obviously if the fox is asked to collect from the fox it won't happen. And if a dodo is in charge nothing wil happen either ?

    It is NOT up the the heirs to personally pay for moms funeral!

    If you are blessed with a dirtball of a brother and one who doesn't seem to care --then I doubt you have much legal leveage to make matters better.

    You are entitled to pray hard that brother slips on a bar of soap!

    But I don't see any cost effective legal options.--or any timely ones....

  • 03-15-2007 9:21 PM In reply to

    Angry [:@] re: Suspect brother stole money from mother's estate

    Thanks and I got a laugh at your comment that I pray that my brother slips on a bar of soap :) I've wished worst things. What I really would like to know is if the statues of limitations have expired on suing my brother for the money he stole. I know he was my mom's executor but it didn't give him the right to steal from her nor abuse her with treats and intimidation. Once my mom went into a Nursing Home the doctor on staff concurred with me (I'm a retired nurse) that my mom showed all the classic signs of an abused woman and also suffered from malnutrition. Yeah, my brother did a great job taking care of my mom.

  • 03-15-2007 9:26 PM In reply to

    More [=+=] re: Suspect brother stole money from mother's estate

    Drew, sorry that should have been threats, not treats duh. But with my mom having diabetes, giving her sugary things to eat certainly wasn't appropriate. I had lunch with the two of them many times so I saw what she ate. Course when I'd mention that what she was eating wasn't good for her, my brother would tell me to mind my own business.
  • 03-16-2007 8:11 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    re: Suspect brother stole money from mother's estate

    I do NOT know the statutue of limitations on any such claims in UT but I would think as a practical matter you are way late--evidence would be hard to find etc.

    And as a technical matter I'm not sure you have a solid standing to go after brother who "stole" from Mom, --Moms executor would have standing to recover funds on Moms behalf. You might have standing to sue executor in an action to mandate that executor sue to collect items owed Mom--if the estate was still open. But I sort of think you are too late to get anything done. And you'd be looking at major legal bills to even try.

    Save your money, send your brother that bar of soap (but don't push him ) and pray for his early demise. And I think the brother who sat by as co executor and didn't do anything also deserves a gift bar of soap.

  • 03-16-2007 2:21 PM In reply to

    Ok [+0+] re: Suspect brother stole money from mother's estate

    Thanks Drew, at least you gave me a good laugh and I needed one. You sure find out the true nature of people when money is involved don't you? I only have my 2 brothers and was left out my whole life. I had to fight my one brother just to get my mom's china, he thought his wife should have it. I told him, "NO WAY!" I am the only girl and it is a given that I should have it. That was the only thing I wanted so I can pass it down to my only daughter someday.
    Thanks again, you made my day :)

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