What a shit show and glad you stuck with it op. Your bro should rot in hell.
That being said it's pretty shitty that people can do the things your brother did and get away with it. My sis-in-law went through something similar. Her and her cousin shared a grandmother. Her cousins relationship was just by marriage. When the Grandmother started losing her mind, cousin got POA, turned into a drug addict and drained the accounts. Grandmother passed away with nothing left. The little that was left the evil cousin kept. Sis in law didn't have money to do anything and nobody would listen.

Have you reported the activity to the insurance regulators, or at least the carriers he works with?

So not sure you can say but it sounds like you can.

The money went somewhere. Drugs or gambling? Where is it.  Lifestyle would mean some cars and houses but he has no assets. So it had to be an addiction.

Hopefully you can get his license revoked and some jail but I'm not hopeful. I would never had settled. I say that.  But i understand that your mind is in a different place after 3 years.

The civil case is over. I received a check and a signed agreement. The check was sent to my attorney and  they waited for it to clear their bank, and then they wrote a check to me. Already have it invested.

My IRS forms just need to be typed and mailed off next week. I will keep you up dated and will try to answer more of your questions about this adventure.

Don't wait too long or the thread will be archived.   I think it's 30 days.

Forms are headed to IRS on Monday.

Out of curiosity, why did you settle vs. go to court?  It sounds like you had tons of evidence, and the settlement wasn’t what you desired.  Just curious what finalized the decision to settle?

Wife was just exhausted. My understanding from some of their financial documents is they are broken financially. We have all the evidence we needed in a court and it was going to cost a lot more money to go to trial. Wife said to end it. I spent over $35K and just paid my last invoice.

My revenge is in the mail to the IRS. There are at least 4 serious felonies and possibly more he will have to face. I am guessing possible jail time. Two years of fraudulent under reporting income of my deceased father exceeding $100K and embezzlement of two years of tax refunds.

IRS has a form to report tax frauds. They want the Reader"s Digest version of who, what, when, where, and how do you know. I sent a 5 year tax history on my father that shows in his last 2 years of life while brother had POA and filed his taxes, dad's income dripped over $100K. I have his banking records that show that he had 3 pensions and brother only reported 2 of the pensions.

IRS form 1310 is a sworn statement he signed to follow the law in Virginia and the trust....evenly divide the refund. 1040 is a sworn statement that to the best of his knowledge that the tax return statement is true.

Included in my IRS form is a copy of the first letter my attorney sent to brother asking for copies of the will, trust and a full accounting of assets and his action as a trustee, just to prove to IRS that this is the real deal. Also sent them the civil court ID numbers of my case, and I sent the 5 years tax history of my father. I said I have hundreds of pages of estate documents, checking accounts, tax forms, from court ordered subpoenas and they can get them from me or my attorney.

Wish I could see the look on his face when he gets a letter from IRS to audit his actions. He does not own any property, but he has a pension and social security so there is low hanging fruit.

IRS form says they will call if they need more info.

I imagine since I reported this that I might get audited, but I am a straight shooter and my tax work is done by a former IRS auditor for the last 15+years and there is nothing to hide.

I will keep you updated. IRS should have my forms this week as I mailed them Monday.

Did you tell him what ur doing or just gonna  let the irs surprise him?  Id let him know, just so he would worry every day.

I wouldn't expect a response any time soon.  The bigger the government agency, the slower it moves.


Personally I would let it be a surprise.

SUPRISE!!!

Yes, they are slow. I had a terrible time with IRS over 40 years ago. I owned a printing company and they garnished my business account for not paying withholding taxes on employees. Taxes were paid, I had the cancelled check and deposit slip. Took over 6 months and a personal call from my Congressman to get my money back.

No, I am not going to talk to insurance regulators as I have no evidence to back it up.....gotta have the facts.

Talked to an agent at Virginia tax department today. They do not have a reporting form like the feds. I gave him the readers digest version of the fraud and he asked me to send copies of the forms/info that I sent to the IRS and he will follow up.  It went into the mail today.

A beneficiary, or THE beneficiary?

Have not heard from the feds or state IRS, however my sister called me about my brother. He is dying and in hospice. Quit eating and drinking. Was hospitalized for malnutrition and dehydration twice. He was discharged twice and put in hospice this past week. He is going to meet his maker. Might be the best solution. Quite a shock to me.

Wonder if he would get better if you dropped everything.

Nothing to drop. The case was settled. Maybe the IRS contacted him without me knowing. As long as he is dead I really don’t care.

The best revenge is living well.

You are correct. My wife and I planned our retirement and we are living well. Glad this is all over.

Brother passed Thursday night.

The End

May he finally find peace, and may God have mercy on his soul.

So are you going to sue his estate for the stolen/misappropriated inheritance?

No, the case is closed. We had a signed agreement and the case was dismissed in court.

So he held up to his side of the agreement?  That life insurer must be PO'ed about now.