Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
12/1/2017
P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 36,952
Experience: 12+ yrs. of experience including estate law.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Estate Law Question

I understand mom has dementia, but is she competent ?

P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 36,952
Experience: 12+ yrs. of experience including estate law.
Verified
P. Simmons and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
No
Customer reply replied 5 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

Ask Your Own Estate Law Question
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 36,952
36,952 Satisfied Customers
Experience: 12+ yrs. of experience including estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
What if a Benificiary of a POD account dies the day after?
What if a Benificiary of a POD account dies the day after? Would the account go under their assets? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
In 2013 my parents did estate planning. I was mad POA, sole
In 2013 my parents did estate planning. I was mad POA, sole beneficiary. Their home was set up as Home Trust, banking account set up as Revocable Trust, with myself as trustee. Both parents passed awa… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
What is the difference between a POA and a Durable POA?
What is the difference between a POA and a Durable POA? Also, can you do the Durable POA and a Transfer on Death forms on your own or do they need to be done by an attorney? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
What is stronger in an estate. A Will or POD. My sister was
What is stronger in an estate. A Will or POD. My sister was POD and beneficiary on accounts and Survivor on accounts and estate. But the Will says we (3) get equal shares. She claims she gets all asse… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
My father wrote a will which created a testamentary trust
My father wrote a will which created a testamentary trust (father is now deceased). I need to know if real property can pass to beneficiaries through the trust without probate. There is no separate tr… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
We have a testamentary trust that was to be dissolved to the
Hello, We have a testamentary trust that was to be dissolved to the beneficiaries upon my mother's death. For ten years now the trustee has not transferred the assets to the beneficiaries in spite of … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x