Kept in the dark

[pjaxin]

What is the name of your state (only U.S. law)? Missouri

My parents made my sister POA and Executor of will and they died 6 months apart (Oct 2010 and Apr 2011). As POA, she wouldn't allow me to take anything of sentimental value of theirs and now she won't answer any of my inquiries into the status of the estate.

The will was never written; they just wanted her to sell everything and split it 3 ways. They didn't have much; just a house with 22 acres of land, a car and some old furniture. The last I heard she sold the car to her daughter for $1500.00 and was going to get the house/land appraised. Now she won't answer my calls or emails.

What can I do?What is the name of your state (only U.S. law)?

 

[anteater]

My parents made my sister POA and Executor of will...

The will was never written...

Then there is no will. Therefore, your parents could not have even nominated her to administer their estates.

Any idea what the value of the estate is?

If your sister has opened probate and been appointed to administer the estate, you should receive notice from the court. Check with the probate court in the county in which your parents resided.

(By the way, her power as an agent under a POA ended with the death of the principal(s).)

 

[pjaxin]

All I know is she consults with an attorney with whom she was made POA through I guess. I don't know how much the 22 acres and house are valued at. To my knowledge everything was verbal. Does a will have to be written? Does it have to go through probate? I do know 8 days before my mom died, my sister had her put the house/land in her name so it wouldn't go through probate and tie up the sale.

 

[anteater]

Does a will have to be written?

With very, very, very rare exceptions (only in some states and usually limited to members of the armed services involved in combat), yes, a will must be written.

Does it have to go through probate?

While there can be quibbles about whether various small estate procedures are considered probate, the general answer is yes. For the provisions of a will to have legal meaning, the court must accept the will as valid. The origin of the word "probate" goes back to the Latin and old French and old English words meaning "to prove." And that is the first step in what we now call the probate process - to prove that the will is valid.

I don't know how much the 22 acres and house are valued at.

OK. Missouri has an affidavit process for small estates that can avoid the full probate process. I believe that the maximum estate value is $40,000. It was just a thought that sister might be using the small estate affidavit.

I do know 8 days before my mom died, my sister had her put the house/land in her name so it wouldn't go through probate and tie up the sale.

Oooooh.... With that info, you've just made a quantum leap. Now you have some decisions to make:

1) Let sister journey on and hope that she is honorable and distributes the estate according to your parents' wishes. [EDITED TO ADD: If she does not, there still might be recourse, but it would definitely involve retaining an attorney and suing her.]

2) Retain your own attorney, attempt to have that transfer to sister's name voided, and then start the probate process. And, attempting to have the property transfer voided is an iffy proposition. Succeeding really depends upon all the facts and circumstances surrounding the decision to do so.