What to do if my mother recently passed away and my older sister, who had POA, continues to spend from my mother’s accounts?

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What to do if my mother recently passed away and my older sister, who had POA, continues to spend from my mother’s accounts?

My mother was in a nursing home (dementa/Ahlzheimers). Can my sister continue to due this? There was a living Will but no Will for after death. What should happen after death of a person with no Will? Am I entitled to 50% of estate? There are no other siblings.

Asked on December 23, 2013 under Estate Planning, Kentucky

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Power of Attorney has no meaning after death.  If your mother had no will, then her assets will pass according to your state's law of intestacy.  In most if not all states, if you mother died with no husband and two children, the assets will be divided equally between the two of you (unless there was another sibling who predeceased her, which could complicate things somewhat in certain states).  Hire a probate lawyer to get the estate into probate.


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