QUESTION
I need help, with a probate matter. Big sister has financially abused our now deceased mother.
Asked on Feb 10th, 2017 on Wills and Probate - California
More details to this question:
help I'm being evicted from a sister who me and my brothers sign to make executor. After we signed papers we found paper in my sister ex room that she didn't clean that she had my mom sign over her beneficiary over to my sister when my now decrease mother had severe dementia. My sister has been living to us, saying my dad made her beneficiary when All along she financially took advantage of our mother. I have proof my mother had dementia since 2009 and past away in 2016. My mother was the guardian of my son and since 2010 my sister has been collecting my son's kings checks. Not to mention my mother's car my father bought right before he passed away in 2012. My sister and her now domestic partner has been living for free since my father passed. she's been living and spending since my father passed away. she's been lieing to us this whole time.
1 ANSWER
Maryellen Sullivan
California has strong laws regarding elder financial abuse. I believe that the statute of limitations there is four years. This means that you could sue your sister for actions she took from February 2013 forward. Eventually, you would have to prove these claims, but you will be able to subpoena both your mother's and your sister's financial records as part of the lawsuit. You probably would need the assistance of an experienced attorney for this lawsuit.
You also can seek to have your sister removed as executor by filing a petition to remove her in the probate court. Again, you would need to make the allegations to the court and you then would have the ability to obtain financial records as part of the process. Mismanaging estate assets and wasting estate assets are both grounds for removal. Good luck.
Answered on Feb 11th, 2017 at 5:13 AM