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My sister has Durable POA for my 90 year old mother who has…

My sister has Durable...

My sister has Durable POA for my 90 year old mother who has dementia. My mother gave her POA in 2003. My father is deceased. Both my parents wills have a testamentary trust wherein they mention all the assets are entrusted to my sister as Trustee for the benefit of mother for her health and maintenance and upon death to go to the children equally. We have recently found out that sister is self dealing with the mother's money and that she and another sibling are POD beneficiaries of her account. Sister says our mother did this on her and own and can do what she wants with her money will alive. She has never been declared incompetent. The 2 sisters that are POD and using the money are on the family ranch and the closest to her. My question is: Can the other siblings make application to Probate Court for an audit even though mother is still alive?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Montana...no paperwork filed yet. My father's estate was informally probated with his Will. Took my sister 3 years to close his estate. She is PR of both estates.

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

Emails from sister about loans that mom forgave and other loans she made that when in and out of her account so fast that no interest was charged. We got this admission from her when we started to ask how much money she had as we were never shown anything when dad died.

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Answered in 1 minute by:
12/1/2017
P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 37,701
Experience: 12+ yrs. of experience including estate law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I understand mom has dementia, but is she competent ?

P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 37,701
Experience: 12+ yrs. of experience including estate law.
Verified
P. Simmons and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 8 months ago
No
Customer reply replied 8 months ago
She hasn't been competent for 10 years
Phone call session started

thanks for using the phone option, I will give a call in just a few mins

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