What to do if a sibling is manipulting an elderly parent?

My brother is the power of attorney for my father. He has currently talked my father into putting the money in his name (money is to be split evenly between siblings upon my father’s death). Is there a law preventing my brother from taking the money. He is executor as well. My brother becomes very angry if I inquire at all about my father’s estate or assests. I am very suspicious.

Asked on August 21, 2012 under Estate Planning, Minnesota

Answers:

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

Answered 8 years ago | Contributor

If you believe that your brother is unduly influencing your Father then you either have to speak with your Father about it (and revoking the POA) or to apply to the court to be your Father's guardian and conservator of his estate while he is alive.  It sounds as if the money placed as it is will go directly to your brother and not split between the siblings. Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.