Excessive use of finances

[Bacole06]

What can I do if my brother kept his take of power of attorney of our mother from me, and while our mother was sick and used our mothers finances for himself, also gifting the property to himself. We are close to $100,000 over the last thirteen weeks. Our mother died last week, that day i found out about all of this when we went to the probate office to see about a will to pay for funeral expenses.... there is no will or estate holder. My brother is now threatenjng to refuse signature on probate with me to share the rest of the estate if I file against him for the money he used. What should I do?

 

[Bacole06]

What can I do if my brother kept his take of power of attorney of our mother from me, and while our mother was sick and used our mothers finances for himself, also gifting the property to himself. We are close to $100,000 over the last thirteen weeks. Our mother died last week, that day i found out about all of this when we went to the probate office to see about a will to pay for funeral expenses.... there is no will or estate holder. My brother is now threatenjng to refuse signature on probate with me to share the rest of the estate if I file against him for the money he used. What should I do?

 

[quincy]

Before your edit, you said you were in Georgia, correct?

 

[Bacole06]

The mother lived in Georgia, where she also passed. My brother and I live in Indiana

 

[quincy]

Do you know what your brother used your mom's money for?

 

[Bacole06]

Buy his wife a vehicle and build their house, they live in her mothers attic.
He makes $10 hr at the factory and she has no job. Since mom got sick he started making large purchases. When we went to the bank he said he had power of attorney, had a folder refused to let me see the bank statements he had. Because power of attorney dies when she died, no will we have to go to probate for me to see any information from the bank. He told me there was only $3 in one account and $12 in another. The accounts werw given to our mother in a will from our grandmother who had a couple $100,000. My mother spent no money because the propertys were paid for and she was in an out of the hospital the past 3 years because she was sick and disabled.

 

[adjusterjack]

This is simple. Your brother is a thief.

He could be criminally prosecuted for what he did. So report it to the authorities.

He could also face civil punishment by the probate court if you pursue it.

If you aren't willing to come down on him with both feet then you get to lick your wounds and get on with your life.

 

[Bacole06]

I want to prosecute, that is the reason i wrote this thread. My question is how? I dont want to throw money in a hole, if because he had power of attorney allows him to do that. He said she was sane when she signed him those rights and gifted him the property. Problem is, she was mentally ill. We have a sister who is disabled and she left her in a bed for 2 weeks, almost starving her to death, where she literally was just days of dying and had to give up her rights to our father just two years ago. Infact my father was still getting guardianship of her when our mother died. Do I use this in court as well to prove she wasnt competent to make decisions.... or because an attorney witnessed this power of attorney and gift of the property, I even have a chance at this?

 

[bcr229]

Georgia Adult Protective Services may be able to help or give guidance on steps to take even though your mother has passed away. If a case is brought against your brother it would be criminal from the district attorney's office.

https://aging.georgia.gov/adult-protective-services-aps

 

[Dandy Don]

Your attorney will need to look at Georgia law to see what a POA is required to do to determine whether in fact he broke the law--most likely he did.
He probably was supposed to keep receipts or records of any monies he spent for her care, and since it appears that he didn't do that (and spent the money only on himself), then it is possible that he can be charged with abuse of power of attorney or elderly financial abuse.

His threat to refuse signature on probate with you is meaningless and stupid.