is there any legal recourse for me?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption