Clueless Trying Again

[Sensory]

What is the name of your state? MS

I hope it is ok for me to try and re-word my situation so it can be easier understood....

My Mom gave my Sister Power of Attorney prior to her death. Recently my Mom passed away leaving a will. In her will, which my Sister has the only copy, all of Mom_s assets/estate were to be divided equally between myself and two other siblings. The assets were supposed to include the profit/proceeds from the sale of her home ( which was totally paid for). The will stated her home was to be sold after her death, but Mom developed Alzheimers the last few years preceding her death and due to her inability to care for herself properly, my Sister sold Mom_s home and moved my Mom into the house with her in order to care for her.

My Sister and I have not been on very good terms the last couple of years and at Mom_s funeral she avoided me and has volunteered no information about Mom_s will or assets at the funeral, nor was I told how much the house sold for. Since that time, I have contacted my Sister several times and asked about the will and probate. She avoids my questions and gives no answers to me concerning when the will may be probated. It has now been almost three months since my Mom_s death, and the will still has not begun probate.

My worry is that my Sister may have used the proceeds from the sale of Mom_s home (which I found sold for approximately $148,000) to help her husband get established in a new construction business that he began the same month that my Mom was moved into their home. I think I am being given the run around because the money is now tied up in their Construction Business. I have no idea where I should begin as a legal heir to be sure my Sister will have the will probated and also that the proceeds from the sale of Mom_s home will be included in her total estate and that money acquired prior to Mom_s death was not misused. Any help leading me in the right direction will be appreciated!What is the name of your state?

 

[Zigner]

The house was sold several years BEFORE she died?
The will stated that you were to receive proceeds from a house that no longer belonged to your mother. Even though it's mentioned in the will, it is no longer part of the estate, so that portion of the will becomes void.
You need to see a local probate attorney to have this explained to you. Also, you are entitled to a copy of the will once probate is opened...

 

[anteater]

And, if sister keeps stalling about opening probate, do it yourself, asking the court to appoint you as personal representative. Then petition the court to order sister to produce the will.

 

[Sensory]

Yes, the house was sold prior to her death. Does this mean that anyone who has Power of Attorney for someone who has become incapacitated can sell a person's home and put the money from the sale of the home into their own account for their own personal use? Do they not have to answer to anyone?

 

[Zigner]

Yes, the house was sold prior to her death. Does this mean that anyone who has Power of Attorney for someone who has become incapacitated can sell a person's home and put the money from the sale of the home into their own account for their own personal use? Do they not have to answer to anyone?

You would need to *PROVE* that mom was legally incompetent. Also, it is possible that the documents in place several years ago DID allow your sister to do just that.
As I said before, you need to contact a probate attorney...

 

[BoredAtty]

Yes, the house was sold prior to her death. Does this mean that anyone who has Power of Attorney for someone who has become incapacitated can sell a person's home and put the money from the sale of the home into their own account for their own personal use? Do they not have to answer to anyone?

A person with Power of Attorney has a fiduciary duty to act in the principal's best interests. Your sister should be required to produce an accounting of the proceeds from the sale of the house. If a court finds that your sister abused her powers, she can be ordered to repay the estate.

 

[BlondiePB]

My Mom gave my Sister Power of Attorney prior to her death. Recently my Mom passed away leaving a will. In her will, which my Sister has the only copy, all of Mom_s assets/estate were to be divided equally between myself and two other siblings. The assets were supposed to include the profit/proceeds from the sale of her home ( which was totally paid for). The will stated her home was to be sold after her death, but Mom developed Alzheimers the last few years preceding her death and due to her inability to care for herself properly, my Sister sold Mom_s home and moved my Mom into the house with her in order to care for her.

A person with Alzheimers cannot sign estate papers, including a POA.

My Sister and I have not been on very good terms the last couple of years and at Mom_s funeral she avoided me and has volunteered no information about Mom_s will or assets at the funeral, nor was I told how much the house sold for. Since that time, I have contacted my Sister several times and asked about the will and probate. She avoids my questions and gives no answers to me concerning when the will may be probated. It has now been almost three months since my Mom_s death, and the will still has not begun probate.

My worry is that my Sister may have used the proceeds from the sale of Mom_s home (which I found sold for approximately $148,000) to help her husband get established in a new construction business that he began the same month that my Mom was moved into their home. I think I am being given the run around because the money is now tied up in their Construction Business. I have no idea where I should begin as a legal heir to be sure my Sister will have the will probated and also that the proceeds from the sale of Mom_s home will be included in her total estate and that money acquired prior to Mom_s death was not misused. Any help leading me in the right direction will be appreciated!

Open probate (intestate) & interview attorneys regarding your issues.