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PR misappropriating funds from estate

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Vallen

Junior Member
What is the name of your state (only U.S. law)? Colorado

My widowed mother died intestate and my sister and I are her only heirs. My sister appropriated the bulk of her physical assets and tried to sell her home without my knowledge of our mother's death. The title company discovered that I was an heir and then had my sister contact an attorney in Colorado who got in touch with me (I live in another state). The home was sold, and the proceeds were put in an account by her attorney that she has full access to since the attorneys had me designate her as PR so we could sell the house.

After the sale of the house she has been distributing money to herself by claiming that she is reimbursing expenses, which have already been reimbursed. She also charged personal expenses to my mother's credit cards after my mother died, and then paid them with the money from the sale of the house. My attorney has become unresponsive and won't handle the matter since he received a $4500 mitigation payment from my sister's attorney that was supposed to be forwarded to me. I had already paid his attorney's fees. Now my sister is demanding another $15000 for reimbursement of expenses, without documentation of them, and a PR fee.

I'm not sure what to do next. Should I file an appearance with the probate court and send the judge a letter about the situation? Is there some specific type of action(s) I should request? Please help.
 


Dandy Don

Senior Member
Do not send a letter to the judge, as that is unethical. Any concerns you have must be done in court properly.

You need a new attorney pronto!! And make sure to ask him to put in writing in his agreement/contract that he is under no circumstances to accept any mitigation payments or any other type of payments from your sister's attorney.

Your sister is taking advantage of your legal naivete, but that won't be a problem anymore when you get a different attorney.
 

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