Everthing was left to me. 3 weeks before he died she took 63,500 out of and account my fathers and mine. My dad had a stroke 8 months before he passed. he gave her POA 5 weeks before he died. He still had 55,000 in his account for his living in a assisted living home. All his tools she will not let me have. What can I do?
In Kansas a surviving spouse has a right to one half of her husbands estate no matter what the Will says. half of the money in the bank account belongs to her. If only you and your father were on the bank account, i don't see how she got access to the account. She also must have been a signor on the account or had a power of attorney, or a check signed by your father. If she commited fraud to get the money out of the account an executor can sue her to recover the monthe for the estate. in addition to getting 1/2 of the estate a surviving spouse is entitled to a spousal allowance of $35,000.00. This is paid out of the property of the estate. If your father owns a home, the spouse gets half, and the right to live in the house for the rest of her life. The law if very protective of surviving spouses. Who is name executor in the Will? If you, you can file the Will for Probate, be appointd Executor and handle the asset of the estate, subgect to the spouses rights outlined above.
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