How can I open a case for my parents assets when my sister has possession of them?

Mother passed in January 2017. My sister had durable power of attorney including all assets. What can I do?

Asked on October 13, 2017 under Estate Planning, Alabama


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

Answered 3 years ago | Contributor

I am so sorry for your loss.  Furst understand that a Power of Attorney dies with the person for whom it is in place.  So neighter you nor your sister have any right to act in any legal capacity at this time.  One of you - or both of you - need to be appointed as the Personal Representatives of her estate. If she died "intestate" - without a Will then the Intestacy statute of Alabama will govern distribution of her estate.  Good luck.

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