Estate Law Questions? Ask an Estate Lawyer.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client realtionship.
A trustee is the decision maker regarding a trust. Is there a trust? An executor is appointed by the court to administer the will. Is that the role of your sister. Does your mother have a power of attorney or guardianship and if so, who is that person? Does your mother have capacity (can she make her own decisions)
If your sister is not the POA or guardian, she has no say so in how the money is spent and your mother without legally capacity cannot make decisions on your own. You might petition the court yourself to become legal guardian in order to preserve her assets.
Especially considering the incapacity and the wasting of the estate in favor of only 2 of the beneficiaries, you might have a good argument for undue influence. Thus would make your sister liable to your mother or your mother's estate at death for any assets "stolen" from her as your mother with her mental state was powerless against the wishes of your sister. She could be held personally liable. You should contact an elder law attorney in your area to ascertain your rights and possibly file suit and even think about calling adult protective services. You have some remedies but an attorney would be greatly helpful to you.
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.
Hoping you will check back in, let me know if I can do anything else for you. I would like to earn a positive rating and answer any further questions. Please let me know.
Just checking back in, do you have any further questions?