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My mother recently died after spending three years in a

Customer Question
My mother recently died...

My mother recently died after spending three years in a nursing home and previously living with my younger sister for another 13 years. Mom became ill and my sister persuaded her to sell her house and move in with her. My sister's death three years ago resulted in her daughter taking over Mom's care and placing her in the home. Before moving in with my sister, it was a known fact that Mom had an estate in excess of one million dollars. To date her will has been filed in probate court, a final accounting has been tallied, and final disposition is scheduled for this November 6th in probate court. The final accounting shows Mom's estate having assets of less than $10,000! During her illness and "care" for the past 15 years all of our (my older sister and I) attempts to communicate with that part of the family has been less than cooperative. We were never told of Mom's actual condition,or the fact that she was even placed in a home. Communication has been mostly all one sided. In fact all of our questions have been ignored. After putting bits and pieces of information together, we believe that there is $500,000 not accounted for. Is there any way we can get an accounting, if for no other reason than to know where all the money went? Thank you, ***** *****

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

My brother in-law was a bank officer and put together a portfolio for Mom regarding her assets before she moved from Cincinnati to Dayton 15 years ago. The only other documents are the death certificate and the final accounting of her estate. The sale of her house is a matter of public record.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I've contacted the nursing home asking for an accounting, but to date there has been no reply. It seems that that part of my family is reluctant to discuss the matter in any terms.

Submitted: 8 months ago.Category: Estate Law
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Answered in 2 minutes by:
10/20/2017
Estate Lawyer: Jessica B,
 replied 8 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,442
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed probate attorney. I hope I may be of assistance with your issue. Please remember to rate my answer at the end of this session. Thank you!

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Estate Lawyer: Jessica B,
 replied 8 months ago

I wish I could say your circumstances are rare but unfortunately this is something I deal with frequently in my practice. The first step is you need to file a formal request with the probate court for any and all bank records for the last fifteen years. This is a Request to Produce. You also want to ask for copies of bank statements and any real estate transactions.

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Estate Lawyer: Jessica B,
 replied 8 months ago

You need to have tangible proof that your mother's assets were not used solely for her care. Once you have proof, such as the bank statements, then you may take your sister to court for reimbursement of any funds she misappropriated.

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Estate Lawyer: Jessica B,
 replied 8 months ago

In extreme cases, I have seen family members go to the police to report their sibling for theft. It is a crime to steal from your parent. I don't see this often, but I want you to know all your options. Sometimes just indicating you might go to the police motivates the sibling to reimburse the estate for monies that were taken.

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Estate Lawyer: Jessica B,
 replied 8 months ago

Please let me know if you need any clarification or if you have an additional question. If not, please remember to rate my answer. Thank you!

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Estate Lawyer: Jessica B,
 replied 8 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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