Okay so what did the executor do with the funds because I am thinking that it is also illegal besides unethical.  Fist you indicate that he was a signtory, not a joint account holder, so arguably he had no claim of right on the account. And as the executor he as a fiduciary responsibility to include all funds.  I think that you should speak with an attorney about this matter.  One not associated with the estate at all.  Good luck.