My father, who lived with my husband and myself for the last 3 yrs of his life, made a revocable trust that stated my sister (AZ) and myself (OH) were to act as co-executors working jointly to settle his assets equally between the two of us. After our father died on 2-14-11, my sister, although knowing fully what my father had specified for his burial, refused to follow his wishes and would not sign and return the forms needed to set up a trust account and to sell his stocks and receive his life insurance money when I "fought" her about the burial plans. She called my daughter stating that the forms I'd sent her were "marked up and things were crossed out"--which was a complete lie. Her fist email to me about the paperwork said, "Thank you for doing this". I received that on 3-3-11. On 4-20-11 I sent an email to her asking where the paperwork was. I received no response from her. On 6-11-11 my husband emailed her husband to see what was going on. He replied, "As you know, Paula (my sister) and Anita (me) have fallen out since Pop's death. My sense is that this time it is permanent. I do not intend to get involved in these matters."I then took it upon myself to go online and sell 2 of my father's stocks. I had the money deposited into his regular checking account and I endorsed the checks with my name and "POA'. I then figured what all his assets were worth at that time, and wrote a check to myself for 1/2 of that amount--I also took out of my sister's "share" expenses that had been incurred to try to get my sister to co-operate. One of those expenses was a check for $300 to my daughter to pay for the extra burial expenses my sister incurred having her way, and having "forgotten" her checkbook, had my daughter pay!Now, even after her husband's email that she wouldn't "speak" to me again, she she has decided that I broke the trust and she wants ALL the money her half would have been from the sale of the two stocks. She has even told my daughter that she will sue me for this breach of the trust. The balance of the stock and life insurance checks I have told her she may have as her "half", although she would be receiving $36,350.28 to my $18,363.84, she is still not content.Does she have a case? against me? She has my daughter terribly distraught over my "criminality." Also, if I give her the balance from the sale of the two stocks I sold, how do I get my 1/2 of the stocks and life insurance policy SHE has control over as she opened a trust account in AZ?
Country relating to Question: United States
State (if USA): Ohio
I told her to open the trust account in AZ and that I would "speedily" return any paperwork she needed--which I did. I spoke to the "bank" she has the trust with, and she had deposited the life insurance check into the acct. and then withdrew ALL the money. When I received papers to sign for the stock left, I refused to return them since she is still harassing me and my bank for her "half" of the "stolen" money.
Does she have a case? against me? Technically, yes. You didn't have the power to sell the stocks and you couldn't have had a POA since it is void as soon as the person dies so what you did was not lawful. However, realistically it doesn't make much difference and you aren't going to be prosecuted for it.It sounds like the best solution is to open a probate and ask the court to take control of all assets involved and then divide them after taking out the debt. That would include any assets you got as well as any your sister got.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Began practicing law in 1992
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