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Did you become administrator because mother died intestate (meaning left no will)? Did your brother provide care for her? My brother passed in June with no will and I had to apply to be the administrator of his “estate” which was nothing but a checking account.
How much was taken? Was her funeral pre paid? Have you spoken with your brother about it?
My guess is nothing can be done. The injured party (if indeed she was) is gone and can’t be summoned for information.
I would advise You check this matter out with some Banking Authority, but rest assured Your Brother will one day answer to God for His actions.
i think at best unless your brother will admit to the theft, there’s little you can do.
"they told us her boyfriend had just been in to take care of their joint account"
It wasn't your MIL's account. It was their account. It was just as much his money as her's. It doesn't matter what the source of the funds are, if someone's name is on an account, it's their money too.
But before going into that. let me tell you that investigating financial crimes is not high on anyone's list. We had over $80,000 embezzled from our company and we were told we had to pay $25,000 to a forensic accountant to get proof. We have the proof in our hands. Had $80,000 worth of goods been stolen, the police would have investigated. It is incredibly hard to trace cash.
Has he taken the money since she she died, who while she was living?
How were the bills paid? If by online banking, then, no the bank will not do anything as there is no way to prove your mother did not use it to pay his bills. Even if she was physically incapable of doing so, how do you prove that she did not give him the PW?
If he wrote cheques on her account and signed his name, that is provable fraud, unless he has POA and signed as POA.
Even still, another issue arises: specifically, w/o signatory powers, why did the bank honor the checks? I think it was in error in doing so, and there may be liability there, although it's probably low enough that the police wouldn't get involved. Still, there's a possibility of a complaint to the bank's management (national, not local).
Did you ask whoever you discussed this with at the bank why they wouldn't accept a fraud claim? Only they would know why they refused to accept such a complaint.
How did you discover this situation? Did your mother have an online account? Cancelled checks haven't been returned in years, so you'll have to have some proof if you do want to escalate the issue.
Techie raises some good issues; How much approximately did your brother use of your mother's funds?
Another very important question is whether or not he was providing care for her, and your mother made an arrangement (undocumented) that no one would ever be able to prove or disprove. Where did her mother spend her last days, and with whom? It's entirely possible she paid his bills as gratitude for caring for her.
W/o being insulting, where were you when this was happening? Did you find out about it in reviewing bank statements? I have the feeling there are some more facts that could help explain how this happened.
And if you did try to get remediation help, I think the police or anyone else would ask the same question as to what your involvement was while this was occurring. It just makes sense to figure out how this occurred.
I will add though that I've personally seen a similar situation, when an elder withheld information from the intended Personal Rep of his/her estate, due to pressure of people who visited when the elder was alone and vulnerable.
Because this is a fight between siblings over an elder's money, the police are much more likely to see this as a "civil manner" for you to fight out in the civil courts. If you can get your sibling to state in writing or in front of witnesses or the court that your mother gave or loaned him the money, then the laws of your state may allow you as the administrator of your mother's estate to collect the loans or view the gifts as advanced payments toward his inheritance. Although you may feel using Mom's money for his own bills was wrong, if Mom gave him the money then there's no crime, particularly if Mom was legally competent.