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My father, who lived with my husband and myself for the last

 
JD 1992's Avatar
  • Answered by:JD 1992
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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?

 

Optional Information:
Country relating to Question: United States
State (if USA): Ohio

Already Tried:
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.

Submitted: 321 days and 20 hours ago.
Category: Legal
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  JD 1992 replied321 days and 20 hours ago.

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.


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Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
Accepts: 11383
Answered: 7/3/2012

Experience: Began practicing law in 1992

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