He added my brother as beneficiary on his checking all within this last year. My sister and I have been taking care of my dad and were unaware my brother was added. Nobody was beneficiary prior. My dad was very protective of his assets. My father was taking out $500 2x month. We have not found the money and all his bills were paid by check or auto ach. We have no idea where money is but think my brother stole it. We found this all out after he passed away and were blindsided. We caught my brother doing other thefts in the house and cash transactions he claims he forgot about or don’t remember after we uncovered factual things. Our brother was not around my dad only since last year and took him in a month before he died as his house was one story. Our dad’s mental health was declining and he was confused often over past year. Should we contact a lawyer? The estate lawyer is aware of everything we uncovered and my brother just keeps saying contact my lawyer. He has given the estate lawyer everything we uncovered that we caught him on that he originally lied about or claimed he didn’t remember. We have not accounted for the cash withdrawals over 12 months and my brother cashed out the checking account. The estate lawyer has not said much. Should we get an elder lawyer to investigate? My brother is not even willing to pay the tomb stone and the two checks he gave the cemetery bounced because he either used old checks or withdrew the money from checking account before those checks could clear. Need advice. Have googled everything possible till this point.
Just my opinion here. If brother is beneficiary to Dads checking account its called Paid on death (POD). As beneficiary that money is your brothers and he is not obligated to pay any of Dads bills. The estate pays these bills. Would be the same if Dad made brother beneficiary to an insurance policy. Brother would not have to pay any of Dads bills. So forget about making brother pay yor a stone and funeral expenses.
Any bills that Dad has will need to come out of the estate. If Dad only has a house, it will need to be sold and bills paid before the proceeds are split. You have an estate lawyer, ask him if he feels you going after your brother for theft is worth a lawyers time. If it can be proven these withdrawals were made by brother and weren't used for Dads care, then that money can be deducted from his share. But all this could tie up probate for a while. And lawyer fees would eat into the estate. Is it worth it? And your brother is right, speak to his lawyer.
If it were me, whatever he has admitted to, can be deducted from his share. I would just let it go. Let the estate lawyer do his job and close probate. Then the estate is split and you part ways with brother.
You can contact an attorney but you will need to have hard proofs, like bank statements and cancelled checks, etc.