Legal disbursement of parents property.

UPDATED: Sep 30, 2022

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Legal disbursement of parents property.

My dad is alive and in a nsg. Home and my sister is his guardian as of last year. She sold his house and now is deciding who gets what among 4 siblings. How can I stop her and get a mediator to equally disperse my parents belongings?

Asked on December 6, 2016 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she is his legal guardian, she has a duty (e.g. a "fiduciary duty") imposed by law to make decisions in *his* best interest and, as much as possible, in accordance with his wishes. His property did not become hers to do with as she pleases; rather, she has to act for him. If you feel she is not doing so--that she is ignoring his best interests and wishes, and/or is benefitting herself at his expense--then you can file a legal action in chancery court (a part or division of county court) to require her to "account" for her actions as guardians. If the court finds that she has acted improperly, it can remove her as guardian (and appoint someone else) and/or require her to personally repay amounts she disbursed from his assets and/or undo certain transations she entered into.  Such a legal action can be procedurally complicated; if you wish to explore this option, you are strongly encouraged to consult with an elder law attorney. Good luck.

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