Can my father’s executor and POA recover assets that another sibling concealed in a transfer of to herself3 days prior to my dad’s death?

My sister transferred an expensive automobile into her name while he was in ICU. She concealed this until after my father’s death and told some heirs that she did it for probate protection and told other heirs she did it because he gifted it to her months ago. There is no proof he gifted it to her other than a gift form she filled out and signed for him. He also re-insured the car in his own name for the year after the time which she claims he told her she could have it and she never did transfer title until approximately 3 1/2 months after the “gift”.

Asked on October 7, 2011 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  First you need to know that the Power of Attorney that your uncle had died with your Father.  The person who now has the right and obligation to probate the Will and administer the estate as need be is the executor named in the Last Will and Testament.  Once the Will is offered for probate and the executor has been appointed, he or she has the power to recover assets if the situation warrants it.  The executor is the fiduciary of the estate and he or she can bring a legal proceeding against any one that may owe a debt to the estate or who has transferred or dissipated estate asset.  God luck t you all.


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