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Roger, Attorney
Category: Family Law
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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daughter & son-inlaw coherst power of attorney from mother

Customer Question

daughter & son-inlaw coherst power of attorney from mother & drew all but a small sum of money out of her account before her death 2 months later & now they tell other surviving daughter that the money taken out is not part of the estate. What to do?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

If the money was transferred from the mothers account to the daughter/son-in-law, it would not currently be considered a part of the estate. However, if you can prove that they took advantage of your mother, coerced her, and defrauded her out of this money, you could seek to reverse the transfer and claim the property for the estate.

One way to prove this is if her doctor would testify that she was not of sound mind when the POA was signed. Another alternative would be to prove that the money taken didn't go towards the care of your mother. That would help prove self-dealing and a breach of the fiduciary duty that comes along with being a POA.

In order to challenge their actions, you would have to sue them and ask for the money to be seized and returned.
Roger and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
We live in wyoming and the estate is in Rochester Minn. Mother died in Oct. how long do we have to contest? Should we retain a lawyer there?
Expert:  Roger replied 5 years ago.
I would recommend that you consult an attorney in MN about contesting the will. Usually, you have 6 months to 2 years to contest a will, so you have time but you need to act fast.