QUESTION
Can I still receive my share of money from a Will?
Asked on Apr 05th, 2013 on Estate Planning - Colorado
More details to this question:
My mother passed away about 12 years ago and in the will she left all of her kid’s money, my sister had power of attorney but she never gave me my share, can I get my money plus interest?
11 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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You may have a problem with a "stale" claim - that might be barred by the statute of limitations. If there was a probate of your mother's will, then you can go to the probate court, review the probate file for your mother, and check to see what the sister did with everything.
Answered on Apr 08th, 2013 at 8:28 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Was the will probated? If so, the estate was probably closed and you may not have any remedies. How did the sister get her hands on the money if it was not probated? Was it in joint name? If so, you cannot acquire the funds.
Answered on Apr 07th, 2013 at 8:47 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Power of attorney does not authorize someone to distribute under a will. If the will were probated under State law you had to be notified. If the estate had a small value, it may have been done under a small estate process. After 12 years you may have forfeited rights to any claim so your first place to start is with your sister and ask her what happened and what the process was that she followed.
Answered on Apr 07th, 2013 at 8:06 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Probably not. Power of attorney doesn't do anything after a person dies was there a will? Was there a probate? Or did your mom put everything in joint names with your sister (a common and disastrous plan)? At this point, you first have to find out what your mother had, and what happened to it. If I represented your sister, at the first hint of trouble from you I would respond "laches," which is a principle that if you let too much time go by before asserting your rights, you lose them. Really, after 12 years just finding records to determine what happened is going to be a chore.
Answered on Apr 07th, 2013 at 8:04 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is too much unknown to give you much information. The POA terminated upon death. What happened AFTER that is likely the key to knowing whether or not you have any rights, at this point. Since you have waited so long on this, you may have forfeited any rights you otherwise would have had. Your sister may also have spent whatever money you would have been entitled to.
Answered on Apr 05th, 2013 at 6:14 PM
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If the will was probated and the estate closed, no. If the will was never probated, it is certainly possible if there is any money left to get after 12 years. Don't wait another 12 years, sit down with an attorney as soon as possible to discuss your situation and see what if anything can be done.
Answered on Apr 05th, 2013 at 3:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think that the statute limitations has passed. There is a slim possibility that if you did not find out about your share until recently that you could sue your sister for it. I suggest you call the Idaho State Bar and ask for a referral. The answer will be highly fact specific.
Answered on Apr 05th, 2013 at 3:15 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should consult a probate litigation lawyer to determine if you have lost your right to reopen the probate if one is filed, or sue your sister for your share of the proceeds designated to you in the will. Your late timing is against you, but inquire of counsel anyway. You may be able to obtain a part of the sum due you.
Answered on Apr 05th, 2013 at 3:01 PM
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The power of attorney ceased to be effective when your mother died. The real issue is whether there is a probate estate for the Will to apply to. You should meet with an attorney in the jurisdiction where your mother died to determine what actions are possible for you to pursue. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 05th, 2013 at 2:45 PM
Was an estate opened? You may have a statute of limitations problem. If it is a large amount of money, check with an attorney to review all the facts and see if you can get the money.
Answered on Apr 05th, 2013 at 2:44 PM
Most likely, you have waited beyond your state's statute of limitations that would apply to any claim. To determine this with certainty, consult with an attorney in your area who specializes in estate litigation.
Answered on Apr 05th, 2013 at 2:29 PM