ADDITIONAL INFORMATION:
How do I prove undo influence? I have an unsigned Will only. My sister refuses to speak, nor share documents or Drs. info. Not even between lawyers. I have proof my sister took $10,000 in 3 months; I doubt my mother needed anything. She put lots of money in her own name; and moved it back when I put pressure on. As my sister is Power of Attorney, how do I stop her from syphoning this money? In 2003, my sister inherited a house from an old lady she befriended over years. She became fiduciary. The family went to court. They lost and my clever sister who works in Boston as a Senior Care manager in a large agency kept the house. What is necessary to go to Probate to petition my cousin be instated as my mother wanted? Can I get advance inheritance if my mother agrees? Ethos determined no abuse.
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
A Will cannot appoint a power of attorney. It can only appoint an executor for her probate estate.
In order to remove your sister as power of attorney, you will need to file for guardianship/conservatorship. You will be at a disadvantage. Your sister currently has your mother’s assets available to her to pay your mother’s legal fees to fight the court proceedings. You will have to pay the attorney out of your own pocket. If you are successful, you may be able to be reimbursed for your legal fees. I suggest you hire a probate litigator.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
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