Legal Question in Wills and Trusts in Alabama
What accounting can we legally ask my brother, who holds the Power of Attorney, of the estate of our father now deceased. My sister and I would like to see income and expenditures. My brother borrowed a large sum of money from the estate with a signed note that he would repay it and had credit cards in Dad's name which were for the sole use of Dad's upkeep while alive. We believe funds were not repaid and/or misused. Can we ask for copies of the credit card statements, income tax returns and an accounting of the sources of income and general daily expenses from him? What other rights do we have? Thank you.
1 Answer from Attorneys
Your brother should have to file something with the probate court for the administration of the estate. Was there a will? If so, was he the executor. If so, he has to file an accounting with the probate court and then a final settlement of the estate should occur according to the will. If there is no will, and you suspect there is real property as well as investments and other monetary goods, then an estate needs to be opened and the brother will have to provide an accounting there. If I can be of assistance, please call me. I am in Birmingham and do this type of work with my civil practice.
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