QUESTION
what is my recourse as I just found out that my brother and co-executor of our mothers estate has withdrawn money without my signature?
Asked on Dec 20th, 2014 on Estate Litigation - New Jersey
More details to this question:
We live in New Jersey. Both of our signatures are required for withdrawals. I just opened an investigation with the bank but that will take a while. I also left a message for the attorney who handled the will but will not hear back from him until Monday. Doesn't the bank also have liability in this matter, as they allowed withdrawals without my signature- or perhaps with my forged signature?
1 ANSWER
2 Awards
You are right, the bank should not have released the funds, but they might not have known if the signature was forged. Since your brother is acting improperly, your recourse is to seek to have him removed as the executor. That would require a petition with the court, and you will most likley need to hire an attorney to assist you with that.
Answered on Dec 27th, 2014 at 2:41 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship