new to all of this

[ksina]

What is the name of your state?
south carolina
My father died in dec 2002, mother died aug 2003 after and extended stay at a hospice, my older sister was PR on their probate, until last week when she was removed for not taking care of it/now i have been appointed succesor/i know for a fact that she used my parents bank account before and after they died to pay all of her bills, by forging both of my parents signatures, now after she has failed to do her part i have to pick up the pieces and there is not money to pay court cost or any other debts(hospice care) because she closed the accounts and took the money. I have requested a final settlement hearing to hopefully make her pay back what money she used from the estate for her stuff. What type of info do you think the judge would need to see to help prove this, and being the newly appointed PR should i have to pay for copies of banking info to try to prove this? She has left me with a mess!!

 

[seniorjudge]

What is the name of your state?
south carolina
My father died in dec 2002, mother died aug 2003 after and extended stay at a hospice, my older sister was PR on their probate, until last week when she was removed for not taking care of it/now i have been appointed succesor/i know for a fact that she used my parents bank account before and after they died to pay all of her bills, by forging both of my parents signatures, now after she has failed to do her part i have to pick up the pieces and there is not money to pay court cost or any other debts(hospice care) because she closed the accounts and took the money. I have requested a final settlement hearing to hopefully make her pay back what money she used from the estate for her stuff. What type of info do you think the judge would need to see to help prove this, and being the newly appointed PR should i have to pay for copies of banking info to try to prove this? She has left me with a mess!!

You need to file an accounting (legal mumbo jumbo for what did you do with the dough and we want it back) lawsuit against her.

Get a lawyer. This is not DIY.

 

[ksina]

new to me

I have so many questions so if i ramble please excuse me, based on what the legal assistant told me was that with ample proof the probate judge could make my sister pay money back to the estate that she took, we are only talking about roughly $15,000. Yet my parents had no mortgage on the house, no car payments, just utilities, and the hospice bill which is $2300. the court costs are about $200. Yet I am very angry and feel that she should have paid what was due from mothers estate yet she used it for her house payment and car payment and so on, I guess i could go after her for the forgery but i don't have that kind of money for an attorney. If she is madde to pay back the money and she has none what could the probate judge do(her house is in her husbands name). Excuse my legal ignorance but what charges could she face, if an attorney was consulted?

 

[seniorjudge]

I have so many questions so if i ramble please excuse me, based on what the legal assistant told me was that with ample proof the probate judge could make my sister pay money back to the estate that she took, we are only talking about roughly $15,000. Yet my parents had no mortgage on the house, no car payments, just utilities, and the hospice bill which is $2300. the court costs are about $200. Yet I am very angry and feel that she should have paid what was due from mothers estate yet she used it for her house payment and car payment and so on, I guess i could go after her for the forgery but i don't have that kind of money for an attorney. If she is madde to pay back the money and she has none what could the probate judge do(her house is in her husbands name). Excuse my legal ignorance but what charges could she face, if an attorney was consulted?

Q: If she is madde to pay back the money and she has none what could the probate judge do(her house is in her husbands name).

A: Nothing, civilly (but keep reading).


Q: Excuse my legal ignorance but what charges could she face, if an attorney was consulted?

A: You don't have to consult an attorney to tell the cops about this theft. Do not be surprised, however, if they tell you it is a civil matter.

Get a lawyer if you want some money...BUT, as you say, she is "judgment proof" (meaning you cannot get blood out of a turnip).

 

[ksina]

new at this

south carolina

well if there is no money in the estate, who is responsible for court costs from probate. And as far as the hospice bill with both of my parents deceased who is resp for that? Medicaid had a lein on the house for money they paid for both my parents, the department of human services just granted a hardship waiver on that, could hospice take that kind of action?

 

[seniorjudge]

south carolina

well if there is no money in the estate, who is responsible for court costs from probate. And as far as the hospice bill with both of my parents deceased who is resp for that? Medicaid had a lein on the house for money they paid for both my parents, the department of human services just granted a hardship waiver on that, could hospice take that kind of action?

Q: well if there is no money in the estate, who is responsible for court costs from probate.

A: They will go unpaid.


Q: And as far as the hospice bill with both of my parents deceased who is resp for that?

A: Unless someone else agreed to be responsible for these bills, the estate is liable (which, as you said, has no money). Maybe you could interest some of those creditors in suing the bad person.


Q: Medicaid had a lein on the house for money they paid for both my parents, the department of human services just granted a hardship waiver on that, could hospice take that kind of action?

A: I do not know; ask the hospice.

 

[yZenhymer]

Re: Paying parents medical bills: Take this as you may but I've been advised NOT to pay any of these bills, but to wait till they file a claim against the estate.

It is assumed that either some won't file correctly or they may fail to file altogether. Also, dbl check the bills it's not uncommon for charges to be made twice, once to the paitent and once to the HMO.

Good luck.

 

[BlondiePB]

ksina,
Why didn't Medicare pay for Hospice? Except for room and board at nursing homes and assisted living facilities, Medicare Part A pays 100% for all medical when the beneficiary (your father) is enrolled in Hospice.

 

[Dandy Don]

If sis had power of attorney before they died, then she is guilty of abuse of power of attorney and/or elder financial abuse--you need to find out from a probate attorney or business law attorney or civil law attorney whether your state has laws against abuse of POA/elder financial abuse.

It is not very likely that it would be handled in probate court, and why did you not object to her being named as PR when it was first done? That would have been the best time for you to scream the loudest.

DANDY DON IN OKLAHOMA ([email protected])

 

[ksina]

the hospice bills that are due are bills for room and board during times when mother was well enough to come home(she had a yo yo effect before she died) the bill is for $2300. i have the info from hospice that has the info about my sister making a payment arrangment with them to pay $740. a month from moms account until paid off (the money was there), and i may not be resp for that but its more of a moral thing the first line of my parents will states that the PR must pay all funeral exp as well as any bills left after there death I feel out of respect to my parents it should be paid.

as far as protesting her as PR, she was recommended in my parents will because she was the oldest and most of this stuff was discovered after the fact.

Dandy Don
as far as elder financial abuse/PR abuse what type of info do you think i would need to prove this?