QUESTION
Can I be told about my mother’s financial history after her demise?
Asked on Feb 03rd, 2014 on Estate Planning - Michigan
More details to this question:
My brother had moms POA, I thought I had her med. but he managed to get control of everything. I cared for mom the last 13 yrs lived close was her advocate she fell and was hospitalized- my brother began a process to push me out of not only her care but getting any information ie-financial-he changed moms locks- emptied out the apt- didn't tell me until weeks later that the apt was now gone, her things were gone, my things were gone, I was denied information about her possessions, and was removed from being able to continue helping in her care he moved her to mass. He has kept so much info from me, now that she is gone, is there any chance I can now get some info as to whether she had a will, if I could see it, where did her things go etc? the house he cleaned out was where we grew up- mom was there for 55 yrs. very sentimental to me I was denied, ignored, disrespected and not included in any decisions about her or her things or her care. I believe something is not right. I am hoping I can get more answers now that the POA r no longer valid. I will need a lawyer but do I have any rights as the eldest, to at least find out what was going on? Thank you for your time.
11 ANSWERS
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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I'm very sorry for your loss and for the painful experiences you've gone through. If your mother had a will and you are a beneficiary of it, you are entitled to a copy of the will. If there is no will, under the laws of Utah you are entitled to a portion of her estate. You could do a couple of things to get information, including requesting a copy of the will from your brother or, if he does not respond or denies you this, file a petition to be appointed as your mother's personal representative. This would give you the authority to manage her estate and distribute it to the lawful heirs, which include you.
Answered on Feb 20th, 2014 at 10:23 PM
Anna Tarasyuk
Unfortunately, you do not have rights as the 'eldest.' However, as an heir at law, you may have some rights available. You may be able to get a court order depending on the circumstances, especially if you think there was some sort of fraud or undue influence occurring. Your best path right now is to speak with an attorney about this situation.
Answered on Feb 20th, 2014 at 5:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Contact the DA. What you describe is theft.
Answered on Feb 20th, 2014 at 5:02 PM
Edwin K. Niles
You are certainly entitled to some answers. Get a lawyer to write a sharp letter.
Answered on Feb 20th, 2014 at 4:52 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is a Will it must be filed in the circuit court where your mother resided at the time of her death. Whether or not a Will exists a probate could be opened and a representative appointed. The representative would have to provide financial information relating to your mother at the time of her death. It may be possible to use the probate action to investigate your mother's finances before death in order to recover assets for the benefit of the estate. The agent under a power of attorney is under duties of loyalty to the principal. The agent is supposed to act in the best interests of the principal and can be held liable if his actions did not serve the principal or preserve her assets.
Answered on Feb 19th, 2014 at 11:01 PM
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This need to be handled in a probate estate. I urge you to meet with a probate litigation attorney where your mother resided. The power of attorney is no longer in effect but he may be named as her personal representative.
Answered on Feb 18th, 2014 at 3:55 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate litigation attorney to investigate this matter and maybe bring a lawsuit on your behalf to compel an accounting.
Answered on Feb 18th, 2014 at 3:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local probate attorney. If there is enough in assets, it may be to our benefit to open a probate estate and go after your brother to recoup what should have been in the estate.
Answered on Feb 18th, 2014 at 3:48 PM
A person's life is private, even from her children if she so wishes. However, as an immediate family member, you have a right to see the information filed in the probate court after her death. This would include her will, a list of her assets and debts, and how her estate was distributed.
Answered on Feb 18th, 2014 at 3:48 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You do not have any inherent rights as the eldest child. If there is an estate, you will be entitled to a copy of the Will, among other things. It sounds like there may not be an estate, in which case, it is likely that you will never know what exactly happened. If your brother disposed of YOUR belongings, then there is a potential conversion claim you can bring against him. You could be entitled to triple damages. Evidence and proof are going to be very hard to come by.
Answered on Feb 18th, 2014 at 3:48 PM
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You need to see an attorney ASAP. Oldest doesn't trump FIRST. You need to be first to request legal authority to get access and control.
Answered on Feb 18th, 2014 at 3:48 PM