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Misuse of Power of Attorney

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juststevie

Junior Member
What is the name of your state? Maryland
I live in Florida.
My father recently died. He made a will 6 1/2 yrs ago, when my stepmother died, determining everything would be divided into thirds between my brother (step), sister (adopted) and myself with the exception of the 3 houses (mortgage free) which are Life Estates. My brother is Estate Executor. I consider him hostile and to have a personal stake in the outcome.
My sister moved into my father's house, with her two children immediately after my stepmother died. She quit her job soon after in order to "work on the house". My sister claimed for quite sometime that she was supporting herself and her children from savings and stated she was paying for any bills she acquired under my father's name. She has put a tremendous amount of money into fixing the house some of which I believe to be self-serving, for example putting an apartment over the garage.
My father was diagnosed with Vascular Dementia 7/2002. He increasingly became more dependent on my sister and less mindful of her decisions and actions.
At some point, my sister obtained both Powers Of Attorney & Medical Powers of Attorney, I do not know if it was before or after the diagnosis. She purchased a Lincoln navigator after my father was no longer supposed to drive and I believe her name to be on the title with his. I believe she has put her name on all his accounts.
The house she was living in became hers under a Life Estate. My brother and I each received a house. My brother moved into my father’s house about a year ago even though he had another house of his own.
My sister is now claiming there are no longer savings accounts, CD’s, retirement accounts or life insurance as my father borrowed against them for the benefit of his former girlfriend (lovingly called the “crack whore” by my sister). My sister made me aware of this relationship at that time. She showed me several lunch/dinner receipts as well as checks; however, these were in small amounts. Never did she mention accounts being involved other than household checking. The relationship ended after my father was hospitalized for a psychotic break that was later determined to be brain damage similar to dementia.
I have beneficiary designation of 2 retirement’s accounts, however, I found the beneficiary had been changed to 1 person and I am not that person.
My sister and I are not and have not been on good terms. She has taken care of everything giving no communications and accepting no input. Although I have been in constant contact with my father, he has been mentally inaccessible for quite some time.
I would like to know what financial accountability would be required of my sister.
Attorneys tell me this is a crime but will not tell me how proceed without a $5,000 retainer. If this is illegal, there must be someway to report it for investigation.
Do I have claim to any personal property located in the homes under the Will, especially if the person on the Life Estate occupies the property. Does my sister naturally own the contents of the house, occupies? Does she get the cars? I have read on the Orphans Court website that inventories are to be taken by the Estate Executor but even if this were to happen, it would be biased. I believe much of the assets will be hidden or disposed of. Much of this has already happened.
Any contents in any of the homes were either previously owned by my father or purchased using his monies. To list a few items; there were many guns, several furs, crystal, silver, china, jewelry and coins.
My father had monthly income of two rental properties (possibly the apartment over the garage also), a pension as a retired military officer, pensions from one or more electronic engineer positions and I am guessing social security. At one time, he had a large amount in savings bonds.
I do not now or have ever had access to any records or paperwork other the Will and accompanying papers.
It can not be that she gets away with these blatant actions.What is the name of your state?What is the name of your state?
 


seniorjudge

Senior Member
If you suspect a crime has been committed, report it to the cops.

If you want an accounting from the bad people, hire an attorney.
 

Dandy Don

Senior Member
An accounting may not be worth very much if she has stolen most of the estate beforehand. If the will has not been filed for probate, check at the county courthouse probate court to see if it has been filed and discuss with your attorney whether you need to file to get probate open so judge can ask party to produce the will.

Congratulations on being astute enough to realize that misuse has occurred here.

You can research this by doing a google search using the phrase "Maryland" and "abuse of power of attorney" and by going to findlaw.com and looking at Maryland state law. I'm almost certain that they have laws regarding abuse of power of attorney, which looks like what has happened here. If she is charged and eventually found guilty, she will have to return the assets to the estate.

It is more likely that the power of attorney was obtained AFTER the diagnosis, which therefore makes the will and the POA possibly void since a person with diminished mental capacity is presumed to not be competent enough to make decisions and sign documents.

If I were you I would be consulting with a family law attorney who knows about elder financial abuse to help you determine if that has occurred here, and when you are certain you have enough evidence you can either go to the district attorney or use the family law attorney to bring charges.

DANDY DON IN OKLAHOMA ([email protected])
 

BlondiePB

Senior Member
juststevie, haven't you talked with your brother, the executor, about all this? Probate are public records. Have the clerk at the courthouse send you a copy of the entire file. It will cost a nominal fee.
 

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