Should I pursue my sister for my share of my mother’s estateif she took money out of our mother’saccount?

UPDATED: Jun 15, 2011

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Should I pursue my sister for my share of my mother’s estateif she took money out of our mother’saccount?

My sister took care of my mom’s bills while she was in assisted living. During that time she also used mom’s account for some or her own personal bills. When I told mom about it she told me that she would return the money to the account, which she never did. I took out money and put it in an account with my name on it to protect mom. Now that mom has passed away my sister wants wants 1/2 of the money that’s in the account. My sister now wants to settle up mom’s account and not include the money she took out over the years. What should I do to get my fair inheritance?

Asked on June 15, 2011 under Estate Planning, Florida


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

Answered 11 years ago | Contributor

I am so sorry for you loss. Both of you are responsible to the estate to pay back money that was taken either for personal use or to "protect" your mother.  What I think that you are concerned with - and rightfully so - is that you will be cheated out of money your sister owes.  If you do not work together then all that will happen is that you will lose all your inheritance to attorneys for each of you.  If she refuses t pay back the money then I understand that you may have no choice in the matter.  Appeal to her and make her understand that things need to b settled properly.  If she will not listen go and seek legal help about being appointed as the personal representative and go after her for the money.  Good luck.

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