is there any legal recourse for me?
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is there any legal recourse for me?
father passed 2016, his will had cash and several bank accounts. mother just
passed 2018. now cash and bank accounts are gone. sister got poa after father
passed and drained all accounts. money is gone now and home was somehow put in my
mothers name with my sister as trustee. what can i do?
Asked on August 16, 2018 under Estate Planning, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue your sister for conversion which is theft in a civil case. Your remedy is to seek a constructive trust, which will require your sister to return the stolen items to your father's estate. A constructive trust can trace the stolen funds to acquisitions made with those funds, and those items or their value are then returned to your father's estate. You can petition the court to have your sister removed as trustee of your parents' home, and have a successor trustee appointed.
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