My sister was mom’s POA and emptied 3 bank accountsstolethe day before my mom died.

My sister withdrew near $40,000 from 3 bank accounts that were POA to named beneficiaries in which I have the original copy when she made one of the accounts payable to me upon her death along with a letter explaining that we will be able to access this account almost immediately since it would avoid probate.I am sure the other 2 accounts belonged to my sons but the bank will not give me that information.

Asked on September 17, 2017 under Estate Planning, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sorry to hear about your mother.
You can sue your sister for conversion which is theft in a civil case.  Your remedy is a constructive trust which would require your sister to return the stolen funds to your mother's estate.  If your sister has used the funds for any acquisitions, the constructive trust can be used to trace the funds to those items and those items or their value can be returned to your mother's estate.


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