QUESTION
Is it legal for my Sister to transfer money from my Mother's account into her own without permission using my Mother's computer and password list?
Asked on Sep 14th, 2015 on Estate Litigation - California
More details to this question:
My Sister had Power of Attorney for Healthcare only when my Mother had a major stroke that left her unable to communicate and a DNR in place. Mother was taken to my Sisters house to die and could not communicate at all. My Sister checked and she had no access to my Mother's bank account and was not on the signature list. The night before my Mother died my Sister wen to my Mother's house and used my Mother's password list and her PC to access her bank account online and transferred $9,900.00 into my Sister's own personal account. Now this is not part of the estate that my Sister as Executor has stated and my Sister is keeping the money for herself. Is this legal?
1 ANSWER
Assuming your sister was not named financial power of attorney or co-signor on account then I would say it is illegal. If mom had other assets then perhaps this can be brought up in probate court. If no other assets then you might need to sue your sister. I have seen this type of situation many times and usually the family member that took the money has "reasons" such as: 1) providing care to mom, 2) providing free room and board to mom, 3) pay back of loan to mom, 4) funeral expenses, etc.... Good luck! -John
Answered on Sep 15th, 2015 at 8:23 AM