What to do if my sister is expropriating my mother’s estate?

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What to do if my sister is expropriating my mother’s estate?

Father passed and named my mother as sole beneficiary. However she has dementia and my sister and I have power or attorney. I received a copy of my father’s Will along with 2 forms for me to sign. One is to give my sister permission to have the Will probated and the other to relinquish my rights as co-executor. My mother has already signed a form relinquishing all her rights. I do not live in the same city and state as my sister but have been told that she is planning on moving into the home owned free and clear by my parents now that she has had a new roof put on and a new floor put in. Also, she is trying to sell some of my father’s personal property (tractor, golf cart, etc). Do I have any rights whatsoever?

Asked on February 27, 2012 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss. I am assuming that you mean you and your sister have Power of Attorney for your Mother, correct?  Because if it was a POA for your Dad it is no longer valid since he has passed away. At this point in time you and your sister have equal rights under the law and no one has any rights to sell anything until appointed as executor.  So go and see a lawyer before you sign anything.  Good luck.


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