QUESTION
what can i do if my moms money was spent up by my sister while our mom was in assisted living and hospice..
Asked on Nov 19th, 2019 on Wills and Probate - Texas
More details to this question:
when i moved to illinois my sister put mom in a assisted living , she had alzheimers, in 2014. i had durable poa at that time , nobody ever changed that. my sister decided i wasnt aware, to put all of my moms monthly money around 4000.00 a month in to my sisters bank account , moms insurance covered her care and maybe she hads some out of pocket. mom passed sept 29, 2019 i have the will, sister and brother said there is nothing left for me to probate the will. and there is no use sending to probate since 4000.00 a month for the past 5 years is disappeared. Nobody had a guardianship over her, only the POA i had. They took everything someone said i could possibly let APS know that there was a senior finacial abuse going on
1 ANSWER
2 Awards
Once you are appointed executor by the court, your obligations will include gathering all your mother's assets, including money stolen by your sister. Your attorney can ask the court for a Turnover Order, ordering your sister to turn over the bank records and funds to the estate. If she managed to spend or secrete all that money, she will still be civilly and criminally liable for its return.
Contact a local probate attorney.
APS has the power to get bank records but since your mother is dead may view this as low priority.
Answered on Nov 20th, 2019 at 5:17 AM
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.