J
JoyousLake
Guest
What is the name of your state?My grandpa passed away last year in California, leaving his entire estate to his three grandchildren, including myself. My older sister, who has told others that she had been granted Power of Attorney, claimed that there was nothing left of my grandpa’s estate and that my grandpa would have been unable to pay for his nursing home if he lived longer.
I have been estranged from my older sister for many years and have been living out of state. There is rumor and actual evidence which indicate that she had deliberately liquidated my grandpa’s accounts by writing gift checks, transferring funds, and dividing other items of my grandpa’s estate to herself and my other sister. My sister had insisted that my grandpa did not have enough money to transfer into another nursing home which had better conditions. Though my grandpa’s annual income could afford his current nursing home, over the years my sister eventually liquidated my grandpa’s accounts to the point wherein his annual income could not afford the current nursing home.
Question: Can I file a petition to compel accounting based on a California Probate Code 4540 and 4541 which allows the relative, interested party or friend, or successor in interest to petition for accounting? Do I need to include evidence showing why I believe that there is reasonable cause for the petition? Where may I find samples of a petition?
My goal is to determine if my sister breached her fiduciary obligation, had behaved fraudulently, or is guilty of financial elder abuse.
One lawyer’s advice was to open the will and to change out the Executor (who is a good friend of my sister and who though initially claimed that she would file the will, did not do so claiming that the estate does not supersede a specified amount) who, in turn, will ask my sister to provide full accounting. However, this method seems very arduous and expensive.
I’ve already written my sister to ask for the documents granting her Power of Attorney and for “full accounting” (I did not state the exact time period in my previous letters – do I need to write another letter?), but she has not replied to any of the letters in writing or verbally (though she has asked my other sister to write email) and has refused to sign for registered mail.
I’d greatly appreciate your kind advice.
I have been estranged from my older sister for many years and have been living out of state. There is rumor and actual evidence which indicate that she had deliberately liquidated my grandpa’s accounts by writing gift checks, transferring funds, and dividing other items of my grandpa’s estate to herself and my other sister. My sister had insisted that my grandpa did not have enough money to transfer into another nursing home which had better conditions. Though my grandpa’s annual income could afford his current nursing home, over the years my sister eventually liquidated my grandpa’s accounts to the point wherein his annual income could not afford the current nursing home.
Question: Can I file a petition to compel accounting based on a California Probate Code 4540 and 4541 which allows the relative, interested party or friend, or successor in interest to petition for accounting? Do I need to include evidence showing why I believe that there is reasonable cause for the petition? Where may I find samples of a petition?
My goal is to determine if my sister breached her fiduciary obligation, had behaved fraudulently, or is guilty of financial elder abuse.
One lawyer’s advice was to open the will and to change out the Executor (who is a good friend of my sister and who though initially claimed that she would file the will, did not do so claiming that the estate does not supersede a specified amount) who, in turn, will ask my sister to provide full accounting. However, this method seems very arduous and expensive.
I’ve already written my sister to ask for the documents granting her Power of Attorney and for “full accounting” (I did not state the exact time period in my previous letters – do I need to write another letter?), but she has not replied to any of the letters in writing or verbally (though she has asked my other sister to write email) and has refused to sign for registered mail.
I’d greatly appreciate your kind advice.