What to do if my sister was the power of attorney and is executive of my father’s Will but is mishndling estate assets?
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What to do if my sister was the power of attorney and is executive of my father’s Will but is mishndling estate assets?
One hour after his death, she cashed all the CD’s he had for all his children. She said that he had bills to pay making them think he was still alive/ Also, she never disclosed the property that was to be split with his kids and spent the money in his bank account that was to go for his funeral. At the signing of the Will, she marked out things she didn’t want in the Will that he clearly wanted in there and was supposed to sell the house and pay for the funeral and the burial with the $5,000. However, she never did one thing the Will said she was to do. Also,after the sale of the house the rest was to be split between all the children but was not.
Asked on December 9, 2012 under Estate Planning, Indiana
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
You need to sue your sister for wasting the assets of your father's estate without having had the will probated. Her power of attorney died when your father died, and she had no authority over the assets until she was appointed the executor of the estate. The will alone does not appoint her to have authority over the assets. You need to seek probate litigation counsel to assist you, and hope she can be brought to heel and be charged with fraud in the administering the assets of your father.
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