What to do if I recently discovered that my brother perjured himself in order to withdraw funds from my deceased father’s checking account?

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What to do if I recently discovered that my brother perjured himself in order to withdraw funds from my deceased father’s checking account?

I was collecting affidavits from my siblings, giving me permission to administer the account. After collecting all the paperwork, I called the bank only to be told that the account had been withdrawn from and closed. My brother claimed that he was the only surviving heir. Is there anything that my siblings and I can do?

Asked on April 13, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Are you in the process of being appointed as the personal representative of your father's estate?  Once appointed that person has the power to go after the assets of the estate that were "dissipated" or fraudulently removed by your brother.  If there are other assets you may be able to do a set off on his share.  Get help.  Good luck.


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