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I suspect my cousin of fraud. Need advice. See inside.

Asked by john65pennington (29258points) February 22nd, 2012

My 97 year old aunt passed away. She left no will. She left behind money and property valued in the high six figures. My cousin has been her Power of Attorney for approx. 8 years. He pretty much had a free rein over her money, while she was alive. My aunt has always told me that she left me some money, in the event of her death. I checked her bank and discovered this was true. The beneficery of this money was my mother. My mother passed away in March of 2011. My mother had a will, leaving everything to my brother and I. This meant that being next in-line, that my brother and I should be the next beneficery. My aunt had four different accounts at this bank that my cousin had control over. My cousin would pay her bills from these accounts. Just before my aunt’s death, my cousin withdrew all the money from our beneficery account. The amount was close to $20,000.00 dollars. A probate hearing is scheduled in August, in order to dispose of her home and personal property. An attorney is handling this.

I suspect the money he withdrew from out intended money account was withdrawn, by him, illegally. There was plenty of money in her other accounts to pay for any leftovers, but he knew about this account and chose it, instead.

The point here is actually not about the money, but the way my cousin handled this money, so my brother and I could not touch it. I have seen the paperwork intending this money for my mother and then to us.

Question: what should I do now? I can contact the attorney handling her estate. This would delay any settlement for the rest of the family for a long time. Or, should I just leave it alone and hope this money is included in her final settlement? I feel like my cousin took these actions with the intent to defraud my brother and I.

Sorry its so long, but sometimes it has to be this way in order to expain the whole story. jp

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