Estate distribution

[MiddleSibbling]

My sister was power of attorney for my mother prior to her death. My older brother is the executor of the will. My sister used my mothers money for her personal bills prior to my mothers death . My brother and I have all the proof of this. The states Attorney was investigating for us, however she was put on my parents account prior to being made power of attorney so even though it was unethical for her to spend my mothers money the States Attorney couldn't do anything about the case.
My question is this. When my mother passed she had a cd for $33,000.00 she also owed a credit card for $9,100.00 which has a claim against the Estate. My sister cashed in the cd kept 22,000.00, gave my brother $11,000.00 gave me nothing and did not pay the credit card.
I believe she should have paid the Estate back the $9,100.00. Since she has not done this can my brother the executor issue her share of the estate to the credit card and her ( a two party check). Insurance companies do this often. Any remainder due to her he could issue her another check in her name only. My brother wants to do the distribution legally, and we know we are responsible for my mothers credit card debit, but we feel it should come from her share of what has been accrued from a settlement from my father losing his leg in a work accident. Please advise

 

[Michael Wechsler]

When you say the "States Attorney" whom are you referring to - a state district attorney or the attorney of the estate who was assisting with the distribution? You may wish to file a civil case in court. While this may not be what you want to hear, it may or may not be a simple matter that your siblings will want to avoid. Most attorneys would sue both of them for illegal distribution if one took place. To be honest, there seems to be a great deal missing from this story so it's difficult to say more than the above and getting a full consultation with an attorney with all relevant documentation provided to the attorney.

 

[MiddleSibbling]

We know we could civilly sue her, but she has spent the money so we have let that idea go!
Can the executor issue her share of the estate as a two party check to her and the credit card company for the debit of my mothers that she did not pay?

 

[army judge]

Can the executor issue her share of the estate as a two party check to her and the credit card company for the debit of my mothers that she did not pay?

The best way to address that issue is to motion the court to approve it.
Your brother is the executor of mom's estate, so he can request to do what you suggest through the probate court.
That way, you and your brother avoid any negative consequences by unilaterally making a decision.
Good luck.