My sister had my father's POA, later assigned herself as executor of his estate, and now has misappropriated funds.
Question Details:
Before dad died, my sister explained to me and my brother that she was getting a "loan" for a new car. She was POA and living in my fathers house rent-free while he was in an assisted living. We know she was spending a lot of his savings on her personal needs; money is now missing. After dad died, we asked about the car loan and she now states it is a gift. We saw some check carbons pre-death prove the irresponsible spending. She was placed on his checking to help handle his bills. Do we have any recourse? I believe she abused her POA and is now acting as executor, and refusing to comply with a financial accounting.
Wills, Trusts, Probate Law Answers
I think you and your brother need to hire an attorney, and bring the gravy train to a screeching halt here. What your sister has done is grossly improper, and if you can prove it (and once you start a court proceeding, you will be able to subpoena bank records and force your sister to disclose her own records, so that's not likely to be a problem), you may well be able to have her removed as the personal representative of the estate, and force her to pay back what she has misappropriated.
Whether under a POA or as the personal representative of an estate, a person in that capacity has what the law calls a fiduciary duty, that requires the utmost honesty and fairness. Self-dealing (giving herself gifts or lonas from your father's money) is looked at especially closely.
The sooner you get an attorney on the case, the sooner you can stop the bleeding.
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