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Our mother died 2 year's ago this past April, my sister was

Our mother died 2 year's ago this past April, my sister was the executor of her estate and was in charge of her care, when we would ask her about Mama all she would tell us was the state of her mental and physical health, if she was asked about bills she would say they where being taken care of, so we assumed that mama's social security, savings, retirement and the sale of her belongings were taking care of everything. We found out recently that wasn't the case. After mama's death the house and land that belonged to our parents was supposed to be sold and split between 4 siblings, but because our sister kept the knowledge of how Mama s bills and things were being paid for from us and didn't give us the opportunity to help pay for mama's care she is saying that we have no claim to the house and property, we were wondering if we could do anything since she wasn't up front with us.

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LegalGems

Juris Doctorate

 
12,238 satisfied customers
My Mother passed away over a year ago. When she passed we

My Mother passed away over a year ago. When she passed we made her arrangements and took all of the money out of her checking account to pre pay it. It ended up being 900.00 more then they initially told us due to food and flowers etc.I am one of 4 siblings and she lived with me the last 3 years of her life. I was her PA. The funeral home keeps sending me the outstanding bill even though I have told them over and over that her estate is zero dollars.Last week I got the bill again saying if I don't pay it in full by the 15th of July they are going to turn it over to their attorney.Is this legal?

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LegalGems

Juris Doctorate

 
12,238 satisfied customers
Mom aged 83, living in assisted living in, asked me 3 years

Mom aged 83, living in assisted living in Virginia, asked me 3 years ago when she wrote up a VERY SIMPLE Revokable Trust to be her Gen'l POA, Medical POA, Trustee and Executor. Prior to that it was assumed it would be my brother since he was the Executor of my Dads (VERY SIMPLE) estate when he died 15 years go. My mother chose to go the other route since my brother has some health issues, and since I live literally 1/2 mile from my mom and I am her main caregiver etc. My brother who has been very upset about Mom even getting a trust - he claims he doesn't understand the need etc, has been badgering me for these last 3 years about why, what's in it, who are the beneficiaries etc. Since mom entrusted me with the "posession" of her Trust papers he feels he has the right as a beneficiary (while she is STILL Alive - and hasn't resigned the trust to me yet) to see everything in the Trust documents AND a copy of the will since he is a beneficiary along w/ myself and my two other sisters. He harassed mom's lawyer so much he will no longer take my brothers calls, and frankly she doesn't feel the need for him to be involved with it at this point. Recently again, he wrote me a 6 page hand written letter including a copy of a "newsletter" - which he hoped would help me see what my role is - (The newsletter was regarding post-mortem not while living). If mom doesn't feel the need for him to have a copy, and her lawyer wont take his calls anymore, can he technically continue to harass me about this? Am I responsible to give him all these copies of things he wants now? How can I get him to stop? As I said it is VERY simple. Not funded with anything strange or unknown to the family. Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,800 satisfied customers
In AZ does Full power of attorney override a will written

In AZ does Full power of attorney override a will written several years ago… Power of attorney is in place because of dementia.

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Loren

Juris Doctor

 
34,652 satisfied customers
Can a POA sign off on a living trusts in NYS if the trustee

Can a POA sign off on a living trusts in NYS if the trustee is incapacitated? The trustee indicated he wanted a trust set up shortly before his health declined.

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Ely

Counselor at Law

Juris Doctor

 
62,084 satisfied customers
My sister is the executer of my fathers estate, he passsed

My sister is the executer of my fathers estate, he passsed April 5 of this year. I am entitled to 50% of that estate. My sister has refused to show me an accounting of finances, she has not done anything with my fathers home. The house is not being maintained, the lawn at this point looks like a field that is about 4 feet tall. My sister has never taken inventory of the house and has been completely negligent in taking care of my fathers estate. I had been taking care of the property until his passing at my own expense and time. I stopped after his passing because I am tired of fulfilling a responsiblity that my sister is suppopsed to be upholding. My sister lives out of state, has done nothing with his home, refuses to talk to me and obviously just assumes I am taking care of the home even though we have had no communication on over a year. We found out from the funeral home that she cashed in the life insurance policies that she was named beneficary of (not quite sure when that happened, it use to be in both of our names, but there is not point in arguing it now, whats done is done). She made both a verbal email promise that she would take care of his funeral cost and has now stopped communication with them. Can my sister pocket his life insurance for herself without paying his funeral debt first , I was under the impression that life insurance policies were to cover your debt first and then are to be distributed to the beneficiary, am I wrong ? Is the life insurance considered part of the estate. Additionally, the night before my father passed my sister was contacted by the home in which he resided and told he was not doing well and was asked if he could be read his last rights, she agreed and informed the home that she would contact myself and my stepmother. Beverly contacted the funeral home that day and told them they would be getting a phone call and that he was read his last right, she also informed the home , that she would take care of any bills that incure and that I would handle everything. This was new to me since I had no idea she had told the funeral home that I would be handling things . My sister NEVER called me to tell me my father was dying, she never called his wife , my father died alone. My sister did not come to be with him and allowed him to die alone and took away my right to spend his last day with him. She is a malicious and hateful person. I have struggled with the fact that he died alone, I wonder if he was thinking where I was, I was very close with my father and this has been very painful to think about what she did. I want her to be accountable for everything she has done and I am looking into suing her for malicious intent/ mental pain and suffering. I cannot allow her to continue to get away with her behavior, this has got to stop. There is so much more but I cannot discuss everything in this writing. Is there anything I can do and get a temporary injunction and stop her until the courts get involved, I have pictures and video of his property that prove her neglect and lack of care for his estate. Please read this all of this and answer and and all questions that you can. I really need help .

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Roger

Litigation Attorney

Doctoral Degree

 
32,838 satisfied customers
I am the executor of my mothers very limited estate. My

I am the executor of my mothers very limited estate. My niece was her financial POA while she was alive. My mother passed on 3.14.16 and she has not forwarded any records to me as yet. Who do I got to to forcefully obtain them before obtaining an attorney?

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RayAnswers

Lawyer

Doctoral Degree

 
33,942 satisfied customers
I am named as attorney in fact in a durable power of

I am named as attorney in fact in a durable power of attorney document executed by my mother. I want to endorse a check that will be deposited into her account, and this will be a recurring event. I plan to have a rubber stamp made to make this easy. Please tell me if this styling for the stamp makes sense to you:[Mother's Name]by [My Name]Attorney-in-fact underPOA dated 6/5/2016She has accounts with a mega-bank. Do I need to send their legal group a copy of this durable POA before signing checks for deposit? I would think that checks deposited into her account would be considered a low risk transaction from the bank's viewpoint.

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Loren

Juris Doctor

 
34,652 satisfied customers
My father left s real and personal property to all of s 5

My father left his real and personal property to all of his 5 children. My brother, the executor, has kept the rest of us locked out of the house, and we can only gain access through him. But, his wife has over the years gone in the home and removed whatever items she wanted including antiques, sentimental items, jewelry, etc. without the consent or knowledge of the rest of us or even her husband, my brother. She had hid these things at her home. An antique kerosene lamp belonging to our grandmother is missing, and my brother claims, "maybe it was stolen." But, I know according to his timeline, it is not possible because the lamp was in the house after a break in during which copper piping was stolen from the basement. His actions along with his wife has caused a huge rift in the family.

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LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
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