Can I take legal action to get money left to my sister if she is incompetent?

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Can I take legal action to get money left to my sister if she is incompetent?

In 12/00 my mother passed leaving money in a teachers retirement plan. My sister is named beneficiary. Unfortunately since my mothers passing my sister has turned to cocaine which she have been doing since 2001. My sister is not competent to get this money is there something legally I can do to get this money that my mother left behind? My mother had no idea that my sister would have turned to drugs if she knew there is no way my sister would be beneficiary.

Asked on August 26, 2010 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

Unfortunately until a Court rules that she is incompetent or unfit to handle her own affairs for whatever reason you are helpless.  So what you need to do is to see if there is some way that you can take charge and help her in cleaning up her life.  Maybe that means having her declared whatever you need to have her declared (an attorney in your area can help to see what the standards are and what she falls under, if anything) and become the conservator of her estate and her person.  I am sure that no Mother wants to think that a child will turn to drugs and I am sure that your Mother thought that she was leaving her something to start her life with, not use it to potentially ruin her life.  But we do not have any crystal balls in our lives only people like you who - thank goodness - care enough to want to help.  Good luck.


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