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Personal Representitive vs. Powr of Attorney

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DebbieH

Junior Member
What is the name of your state? Indiana

My mom passed away in a house fire in March. My sister was named executer of the estate. She failed to open the estate.... distributed my moms savings between 3 of us instead of 4.... beleives that since she still lived at home (she's 51) that everything goes to her. The will states to be divided between the 4 of us. She accepted insurance money for the house. Again.... she has never went through the courts to open the estate. I proceded with a lawer to open it. I was granted Personal Rep by the courts. NOW she tells me she has Power of Attorney. Who is in charge of the estate? She has put locks on my dads out buildings to keep us out. She refuses to talk to me at all.
 


What is the name of your state? Indiana

My mom passed away in a house fire in March. My sister was named executer of the estate. She failed to open the estate.... distributed my moms savings between 3 of us instead of 4.... beleives that since she still lived at home (she's 51) that everything goes to her. The will states to be divided between the 4 of us. She accepted insurance money for the house. Again.... she has never went through the courts to open the estate. I proceded with a lawer to open it. I was granted Personal Rep by the courts. NOW she tells me she has Power of Attorney. Who is in charge of the estate? She has put locks on my dads out buildings to keep us out. She refuses to talk to me at all.
The power of attorney ended upon your mother's death. Talk to your attorney about having your sister removed from the property as a trespasser, since you are the one in charge of your mother's estate.
 

DebbieH

Junior Member
This is where I am confussed. I never knew her to have power of attorney when my mom was alive. If she did, she never told me. If she did.... then it's done. Because she could not have gotten POA after..... right???
 

cp1957

Member
What is the name of your state? Indiana

My mom passed away in a house fire in March. My sister was named executer of the estate. She failed to open the estate.... distributed my moms savings between 3 of us instead of 4.... beleives that since she still lived at home (she's 51) that everything goes to her. The will states to be divided between the 4 of us. She accepted insurance money for the house. Again.... she has never went through the courts to open the estate. I proceded with a lawer to open it. I was granted Personal Rep by the courts. NOW she tells me she has Power of Attorney. Who is in charge of the estate? She has put locks on my dads out buildings to keep us out. She refuses to talk to me at all.
Sorry for your loss. You are Personal Rep, you are the one in charge of your Mothers estate.
 

Dandy Don

Senior Member
Get information from the bank about exactly how the account was titled. You did not say whether she got the money before the death occurred or after, and was it distributed before the death or after the death. If it was distributed after the death, then consult an attorney because she may have acted illegally and MIGHT be abuse of power of attorney or she could possibly be charged with something else.
 

DebbieH

Junior Member
Thank you all, for your replies.
The savings account was closed after my mother's death. I contacted my attorney this morning, and he is contacting her's. (the one's who wrote the will) So.... I am waithing to hear how that came out. It is such a shame. Things started out so smoothly. Then she let the Insurance Agent get into her head, and suddenly we (her sisters) were the bad guys.:(
 

DebbieH

Junior Member
Still waiting to hear from my attorney. He had meetings all day. In the mean time, I went to the BMV to get the title to my dad's (he passed away 4 years ago) pick up truck. After all... it IS part of the Estate. I was surprised (not really) when they told me that the title had been transfered to my sister's name an hour ago. She went to another town that is an hour ahead of us, and had it done. I just dont know HOW.:confused:
 

DebbieH

Junior Member
How can two people be named PR? I received papers today, saying that my sister has been named. Mine was Circut Court. Her's Superior Court. How can this happen????:mad:
 

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