[Ilaw] Breach of fiduciary; theft of funds

Good morning. PC was named beneficiary on a parent's bank account. Relative with a POA from parent withdrew all funds, allegedly for Medicaid planning. Parent passes and relative refuses to return funds taken unless compensated for alleged expenses and services, but refuses to provide any receipts or proof of same. DA contacted but at this point not proceeding. Additionally, POA relative was named executor in the parent's will but no probatable estate; only bank account taken. PC wants to proceed civilly to obtain funds taken. Any suggestions? The Supreme Court preferred over Surrogates if possible. Thank you. Jody N. Gerber, Esq. 450 Seventh Avenue, Suite 2710 NY, NY 10123 (212) 683-6634