My mother passed a way a couple of wks ago from a UTI that may have resulted in malpractice. My sister and I, although are mostly estranged, are trying to seek justice for our mother, but in the mean while my sister has told me she owns everything that my mother has owned since she mostly took care of her since she was two house down as I lived in NYC for years. I can say that I'd beg to differ since whenever I visited my mother (almost always) my mother was dirty and the house was in a bad state while my sister's two kids (who lived with my mother) rarely picked up after themselves. This has been an going agony for me for years and I've argued with my sister over these issues. I've called agencies to try to help my mother and her house and social services over the kids not being homeschool at all. I feel that I'm dealing with a morbidly narcissistic sister who has always seemed to get her way with anyone in her family as well as my mother and I.
If your mother died without a will, the estate will be used to pay creditors first and then divided equally between all children of your mother. Someone needs to open an estate if you plan to pursue a medical malpractice claim for your mother.
Your sister may well feel that she is entitled to everything but unless there is a Will stating that she is the sole beneficiary, she does not. See a local probate attorney.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
I am sorry for your loss and for the extra distress your sister seems to be causing you.
No, in general, your sister would not be legally entitled to all of your mother's assets just because she took care of her. However, in order for you to figure out what your mother actually owned that might have become part of her probate estate, if your sister will not cooperate or provide information, you will likely need to hire an estate and trust litigation attorney and have the attorney send your sister a letter demanding information. You may have other options as well, such as filing a Petition for Letters of Administration over your mother's estate. But without the pressure and guidance provided by a lawyer, you likely will continue to get stonewalled by your sister and she will end up taking whatever she wants. If you decide to pursue anything, do it as soon as possible. Time is not on your side.
Best wishes to you.
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