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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37883
Experience:  Attorney with 16 years experience
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I have asked a question in the past regarding my mom's

Customer Question

Hi. I have asked a question in the past regarding my mom's funds.At this point in time I have been in litigation for over 1 year and nearly 15,000. in bills. I am frustrated with the time but have been told the process is not short. I really don't know if I should continue litigation. I know you can sue anyone but to get the money is another story. If the court finds my sister guilty of misuse of funds I am sure the court may order her pay back and then she will claim she has no money and be ordered a small monthly payment. Also, I really think that I should have gone the guardianship route which would be quicker and will be more stricter with the loss of my mothers money and have more of a consequence. I am really confused as to what to do. Can you help? thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello again,.Can you refresh my memory a bit?.Is mother still living?.What is the nature of the case that you have filed against sister? .I know she did something with mother's assets, but did she use a power of attorney and then steal mother's money?.You have mentioned "executor" in the past, but an executor only gets power once someone dies, so this wouldn't be the case here, I think.. .Is there a trust in place where sister might be the trustee of mother's trust?..thanksBarrister
Customer: replied 1 year ago.
Over 750,000. of my moms money is gone. my sister states that she lost the money in her spice business with an unscrupulous associate. She will not provide proof of anything so my brother and I decided on litigation. She is the executor of the estate but no longer has power of attorney. I have never exercised my right as power of attorney but do so now. My mother is currently living with me. We are suing her for misappropriating my mothers money. Offers of mediation has not been accepted so unfortunately we have to go the tougher route. In the mean time she has tried to see her house and a les pendens(spelling incorrect) has been placed on her house.I am thinking that guardianship would have been faster and less painful . My mom is 90 with dementia.
Expert:  Barrister replied 1 year ago.
Ok, the thing is... an executor handles someone's will.....after they die. So sister would have zero authority to do anything as executor while mother is still living...If she took mother's money under a power of attorney, then that is different. She still is in violation of her duty to mother to not take advantage of her, but she would have had the power to sell assets..I think that this is something that you might want to look into criminally with the local District Attorney or state Attorney General because if she embezzled or stole mother's money and used it without permission, that is "elder financial abuse" and is a felony criminal act..If she is charged with a crime, that might get her to reimburse the money much more quickly (if she still has any of it)..But whether you are suing on mother's behalf as her POA or as her legal guardian, it is going to be essentially the same case. So I don't see any reason to go for a guardianship now if the sole reason is to sue her as guardian. That isn't going to get the money back any faster and sister could always file bankruptcy if she loses and is ordered to repay mother. .That is why I say you might want to go criminal because BK doesn't get someone out of court ordered restitution in a crime and you could go in and seize assets that she has to sell them to repay mother..I think a guardianship is a good idea generally if mother has dementia, but it won't speed up the case....thanksBarrister
Customer: replied 1 year ago.
thanks, ***** ***** also thinking district attorney as well , unfortunately because this way is too gentle and not getting the message across. I am also fighting for 3 teenage boys who were left motherless when my young sister died. Can you tell me what BK stands for. Thanks again for your help.
Expert:  Barrister replied 1 year ago.
BK is just short for bankruptcy.. And I agree that filing a criminal complaint will put the pressure on her to settle the matter rather than possibly go to jail.....thanksBarrister