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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My mother lived in North Carolina and passed in April 2014.

Customer Question

My mother lived in North Carolina and passed in April 2014. My sister took out a mortgage against my mother's home without her knowledge in her role of "Very limited Power of Attorney". In addition, she defaulted on her loans and maintenance on her condo in South Carolina, which was co-signed by my mother.
Upon her passing both the outstanding mortgage and the lien against my mother had to be paid first by the estate, and were subtracted from the proceeds. She also attempted to "gift" herself my mother's car but this was stopped by the probate attorney in North Carolina and the car was but back into the estate. We were given the car, but had to pay my sister 2/5ths. of the value at time of purchase. My sister has 2/5ths. I have 2/5ths. My son has 1/5th. distribution.
During the last years of my mother's life she consistently abused her position of POA, my mother was devastated both emotionally and financially by this. She also forged my signature on a 50/50 life insurance policy my mother had put aside for us - this rendered the policy worthless and was it was closed.
Is there any statue of limitations on someone knowingly abusing both POA and executor? My mother would periodically cancel my sister's position as limited POA, but was periodically reinstated - possibly under duress. Is there any course available to me to try and rectify these wrongs?
Thank you,
Jeff
Submitted: 3 months ago.
Category: Estate Law
Expert:  Loren replied 3 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

What year were the unauthorized loans taken by your sister in her capacity as POA?

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