QUESTION
What is my best route to go to get my inheritance back?
Asked on Jul 27th, 2016 on Estate Planning - Texas
More details to this question:
My sibling was the one who took care of my elderly alcoholic father. He let him live in a small travel trailer where he had no bed, no bathroom, and no power. On the coldest night of the year, he went outside trying to get in his truck and stay warm and fell and died. My dad had about $400,000 or more. All of his money was put into a TOD account payable to my sibling. My sibling was committing identity theft, credit card fraud, theft etc. He had given my brother large loans the last few years as well. I am now the executor and my brother has went out to the estate and stolen everything. What is the easiest to prove? Undue influence, Breach of Fiduciary Duty? How do I get the TOD money back in the estate?
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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There is a lot to unpack in your question. Did your father have a will? Did you (or anyone) report your brother's theft while your father was alive? If your father had a will, you need to bring it to the attention of the probate court where he died. If he did not have a will, you will likely need to handle his estate through a process known as administration. Because you mention undue influence and breach of fiduciary duty, I assume your father had a will in place. But I could be in error. In any case, please contact an estate planning attorney as soon as possible to prevent further waste of your father's estate assets.
Answered on Aug 29th, 2016 at 6:18 PM