We live in Georgia. My mother's husband (my stepfather) died in Feb. of 2005. His daughter was named executor of his estate, taking the place of her older brother who died in 2003. The will left a third of Stepfather's estate to my mother, his daugther, and his son, but since he is dead that 3rd went to his 3 children. From the beginning my Mother did not know what was in the estate, the only thing she knew about was a checking account which was in both of their names. The will was probated, and when that was done, stepdaughter up and got my Mother to sign a POA making stepdaughter my Mother's POA. My mother did not know what she was signing, she will tell u today that she thought the paper was giving stepdaughter the power to handle stepfather's affairs. Apparently this is what stepdaughter told her. I tried to explain to her but she was in denial that stepdaughter would do anything that wasn't right. To this day, my mother has not been informed what was in the estate and what is her portion. After the POA was signed, stepdaughter put Mother's car and deed to the property solely in stepdaughter's name. In fact, 2 POAs were signed, I was able to convince my mother the 1st time to revoke it, then stepdaughter got her to sign another one, but i finally got through to Mother and now I am POA, but the damage has already been done. We have been asking for an accounting for over a year, have an attorney who has been dragging his feet, but finally Mother signed a petition and we were supposed to go to court in October for Stepdaughter to provide an accounting of all assets, etc, in estate and what she has done with said assets. Now she has asked for a continuance, saying she is going out of the country until mid-November,(which I find hard to believe as she is a nurse, has a job and a family, son in school, etc.) and was granted one until Dec. 3rd. My question is this: in this situation where there is an estate with unaccounted for assets, etc, can my Mother not petition the judge to order Stepdaughter to not leave the country until this has been settled? For all we know Stepfather could have substantial monetary assets that stepdaughter is planning on putting in an offshore account. What legally can be done in this situation? thank you for your help.What is the name of your state?
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Stepsister is taking my Mom for a ride.
- Thread starter rmsmith58
- Start date
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**A: hire a probate attorney.We live in Georgia. My mother's husband (my stepfather) died in Feb. of 2005. His daughter was named executor of his estate, taking the place of her older brother who died in 2003. The will left a third of Stepfather's estate to my mother, his daugther, and his son, but since he is dead that 3rd went to his 3 children. From the beginning my Mother did not know what was in the estate, the only thing she knew about was a checking account which was in both of their names. The will was probated, and when that was done, stepdaughter up and got my Mother to sign a POA making stepdaughter my Mother's POA. My mother did not know what she was signing, she will tell u today that she thought the paper was giving stepdaughter the power to handle stepfather's affairs. Apparently this is what stepdaughter told her. I tried to explain to her but she was in denial that stepdaughter would do anything that wasn't right. To this day, my mother has not been informed what was in the estate and what is her portion. After the POA was signed, stepdaughter put Mother's car and deed to the property solely in stepdaughter's name. In fact, 2 POAs were signed, I was able to convince my mother the 1st time to revoke it, then stepdaughter got her to sign another one, but i finally got through to Mother and now I am POA, but the damage has already been done. We have been asking for an accounting for over a year, have an attorney who has been dragging his feet, but finally Mother signed a petition and we were supposed to go to court in October for Stepdaughter to provide an accounting of all assets, etc, in estate and what she has done with said assets. Now she has asked for a continuance, saying she is going out of the country until mid-November,(which I find hard to believe as she is a nurse, has a job and a family, son in school, etc.) and was granted one until Dec. 3rd. My question is this: in this situation where there is an estate with unaccounted for assets, etc, can my Mother not petition the judge to order Stepdaughter to not leave the country until this has been settled? For all we know Stepfather could have substantial monetary assets that stepdaughter is planning on putting in an offshore account. What legally can be done in this situation? thank you for your help.What is the name of your state?
My response.
As I stated in my original post, we have an attorney, but when he informed us that the stepdaughter had requested a continuance he said that there was nothing we could do. I find that very hard to believe, that in the case of unaccounted for assets in an estate the executor can just up and leave the country when we have petitioned the court for an accounting of said assets. It is to much of a coincidence that after we finally do so, she just happens to be leaving the country and can't appear in court until almost 2 months later. So my question remains, do we have the legal right to request the judge to order stepdaughter to remain in the country until will is settled? Thank you very much. PLEASE REPLY TO THIS POST, MY RESPONSE TO THE FIRST REPLY I RECEIVED TO MY ORIGINAL POST. THANK YOU!!!!
As I stated in my original post, we have an attorney, but when he informed us that the stepdaughter had requested a continuance he said that there was nothing we could do. I find that very hard to believe, that in the case of unaccounted for assets in an estate the executor can just up and leave the country when we have petitioned the court for an accounting of said assets. It is to much of a coincidence that after we finally do so, she just happens to be leaving the country and can't appear in court until almost 2 months later. So my question remains, do we have the legal right to request the judge to order stepdaughter to remain in the country until will is settled? Thank you very much. PLEASE REPLY TO THIS POST, MY RESPONSE TO THE FIRST REPLY I RECEIVED TO MY ORIGINAL POST. THANK YOU!!!!
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As I stated in my original post, we have an attorney, but when he informed us that the stepdaughter had requested a continuance he said that there was nothing we could do.
Have you checked the probate file for an accounting of the estate? It will be there if it was done.The petitioner has every right to use the courts and request the judge for a continuance.
I find that very hard to believe, that in the case of unaccounted for assets in an estate the executor can just up and leave the country when we have petitioned the court for an accounting of said assets.
It is the judge's decision to grant or not grant a continuance. The judge cannot order the executor to stay in the country. A judge can change the executor, if warranted & necessary.It is to much of a coincidence that after we finally do so, she just happens to be leaving the country and can't appear in court until almost 2 months later. So my question remains, do we have the legal right to request the judge to order stepdaughter to remain in the country until will is settled?
You're welcome.Thank you very much
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