She is the executor of the Estate. She waited 6 weeks to probate the Will while she used the credit cards without informing the company of his passing. Each card eventually shut down due to a fraud pattern and she would move to the next. She isn't talking to me because she lent my father a large sum of money and believes she has gotten rid of the paper trail and can't face me. Is the credit card usage enough to have her removed as fiduciary?

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Originally Posted by deucesup

She is the executor of the Estate. She waited 6 weeks to probate the Will while she used the credit cards without informing the company of his passing. Each card eventually shut down due to a fraud pattern and she would move to the next. She isn't talking to me because she lent my father a large sum of money and beleives she has gotten rid of the paper trail and can't face me. Is the credit card usage enough to have her removed as fiduciary?

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Maybe. But I don't understand the point of this part:

"She isn't talking to me because she lent my father a large sum of money and beleives she has gotten rid of the paper trail"

Are you one of the devisees in the will?
Which paper trail are you talking about?

Normally, she would be entitled to be repaid the loan from the estate. The estate would be entitled to be repaid the credit card charges by your sister. Do you doubt whether this will happen?

At the very least I would ask for a supervised administration and an accounting.

Well it is enough to perhaps have her arrested for theft and fraud.
Who is going to pay them back ?
Have you reported this to the police, to the credit card companies
Have you notified the probate court about this

I lent my father the money. I should have proofed it before posting. Sorry. Maybe that makes a little more sense. Thanks.

Tom

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Originally Posted by AK lawyer

Maybe. But I don't understand the point of this part:

"She isn't talking to me because she lent my father a large sum of money and beleives she has gotten rid of the paper trail"

Are you one of the devisees in the will?
Which paper trail are you talking about?

Normally, she would be entitled to be repaid the loan from the estate. The estate would be entitled to be repaid the credit card charges by your sister. Do you doubt whether this will happen?

At the very least I would ask for a supervised administration and an accounting.

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Originally Posted by deucesup

I lent my father the money. I should have proofed it before posting. Sorry. Maybe that makes a little more sense. Thanks.

Tom

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Yes, that makes more sense.

Notify the court, and ask that she be replaced as personal representative.

It's an interesting question whether the estate is liable to the charge card companies. If she forged his name on the charge slips, instead of signing her own name, chances are the estate is not liable. Even if she signed her own name, she was not an authorized signer.

But in any event she should be required to make things good.

Was she required to post a bond?

No bond as per the Will; I had a hearing tomorrow for "Removal of Fiduciary" per my motion; but didn't serve any one as I was feeling unsure. I had it continued. I'm contemplating a deposition and need to subpoena some records. The credit card co.'s aren't readily turning over info. I did file a police report on-line.

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Originally Posted by AK lawyer

Yes, that makes more sense.

Notify the court, and ask that she be replaced as personal representative.

It's an interesting question whether the estate is liable to the charge card companies. If she forged his name on the charge slips, instead of signing her own name, chances are the estate is not liable. Even if she signed her own name, she was not an authorized signer.

But in any event she should be required to make things good.

Was she required to post a bond?

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Originally Posted by deucesup

No bond as per the Will; I had a hearing tomorrow for "Removal of Fiduciary" per my motion; but didn't serve any one as I was feeling unsure. I had it continued. I'm contemplating a deposition and need to subpoena some records. The credit card co.'s aren't readily turning over info. I did file a police report on-line.

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You are now unsure that she used his credit cards without permission?

What evidence do you already have?