How can I get authority to review the past 10 months bank transactions on my deceased parents accounts and/or take over as executor from my sister.
Question Details: my sis was power of attorney for both our parents since she lived same state as them. mom died in feb &all was left in will to dad.sis told me there was no life insur on mom. Dad died last week & upon cleaning the house I found moms 3 life insur policies that were paid out in march. i also found that my sister changed dads policy to go to her and her son, not me and her the way the will clearly states. Now she tells me an amont that is no where close to what I should have been left. She is ill with cancer and in a hospital still trying to run the show. i am sure she has withdrawn alot more
Wills, Trusts, Probate Law Answers
I am not admitted in New Jersey. You have a very delicate situation on your hands and much litigation ahead. I would suggest that you consult with an attorney as soon as possible. Options are to file a request for a formal accounting. Depending on what you find, to bring an action against her as fiduciary and/or bring a petition to have her removed as Executor and you placed in that position. As executor you have the power to bring an action against a party that has dissipated assets of the estate.
As for the life insurance policies, they pass outside the estate. You need to get all the documentation as to the beneficiary designations: prior and recent, as well as copies of the pay outs. This may be difficult but not impossible. The insurance company will not respond to you as an individual but will to an attorney or the Executor (with legal back-up). You have along road ahead.
Related Wills, Trusts, Probate Questions
- Does a will change named beneficiaries for life insurance policies, pensions, and similar accounts?
- When is the estate tax paid?
- My parents have appointed me as executor in their will. My sister is upset. Can you have mulitple c...
- How can I enforce a judgment against a judgment debtor in another state?
- What Is Probate?
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen206 Answers|Points 10300Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga77 Answers|Points 3800Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen206 Answers|Points 10300Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga77 Answers|Points 3800Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from New Jersey
- Wills, Trusts, Probate Law Questions
- New Jersey Wills, Trusts, Probate Law Questions
 |