My father-in-law died in recent months, and my husband and I strongly suspect that my sister-in-law (my husband's only sibling) is manipulating her Alzheimer's-stricken mother into giving her large amounts of money (tens of thousands a pop) from her savings accounts. What can we do? If our mother willingly gives the money to my sister-in-law, even though she is not mentally competent, is there anything we can do about it? This money is earmarked for our mother to live on, not for our sister to steal from her using the excuse that it's for her kids for some reason or another. What can we do, legally?
2006-10-26 07:14:21 · 12 answers · asked by nido_tr3s 5 in Politics & Government ➔ Law & Ethics
Your husband should file for guardianship (of estate) with the probate court in your jurisdiction. In TX at least, there can be (and often are) different guardianships of the estate and the person.
You may be able to get temporary guardianship immediately while the suit (technically it is a suit) is pending.
Some of the answers have mentioned power of attorney - with a guardianship you would receive "letters of guardianship" (or something similar) that has a similar effect (allowing you to manage the estate). The power of attorney will not be court regulated (and is really not in the best interest of the ward, especially where the the guardian is a relative). If the sister-in-law has this power, a guardianship would revoke the powers (most likely). The guardian will likely have to post a bond, and is limited to managing the estate "in the best interest of the ward", and can be compensated - but it would be a breach of fiduciary duty to self deal with the ward's property.
2006-10-26 07:19:05 · answer #1 · answered by Chris 2 · 3⤊ 0⤋
I presume your MIL has a medical diagnosis of Alzheimer's.
If there is a guardianship, you need to approach the court. I'm not an attorney, but probably a letter to the court outlining your concerns would get the ball rolling. You may want to contact an attorney and begin the legal process and help explain your rights. The court on it's own Motion will probably set a hearing and request all interested parties to be present at the hearing. Your MIL's Guardian, whomever that person/entity is, has a fiduciary (legal monetary) responsibilities to your MIL whch should be monitored by the Court. The Guardian can get in big trouble through the Court if they are abusing/not fulfilling their fiduciary responsibilities. It would be good for you to have an attorney for this process.
If there isn't a guardianship, you to petition the court to establish a guardianship. With the mess the Estate sounds like it might be in, you really need an attorney.
Your FIL's Estate may have specific provisions that help to protect your MIL and there may be legal obligations for the Executor of the Will with respect to your MIL.
You have a moral and ethical duty to help protect your MIL. You need to act timely so that your rights and remedies are protected.
GOOD LUCK.
2006-10-26 08:10:15 · answer #2 · answered by vbrink 4 · 1⤊ 0⤋
take this up with an attorney. Put a freeze on all funds.
Was your sister in law appointed as legal guardian for her mother.. who is the executor of the will..was there a will..
Get to an attorney asap. I have seen this done before.. and it sickens me to think how greedy and selfish people can really be.
2006-10-26 07:50:11 · answer #3 · answered by sassy 6 · 1⤊ 0⤋
Hmm, sounds like you mother in laws a trifle ugly. Get her a nice perfume for her birthday then at least next time you'll enjoy the odour. Don't worry about thinking straight, warped thinking is best on here btw.
2016-05-21 22:36:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to confront your sister, sit at the table and let her know that you are aware of what she is doing and that it's illegal. Without her name on the signature card at the bank, I don't understand why the bank is allowing it. Inform her that you will take legal measures, if she does not account for the monies or stops the stealing. Your mom will need the money because of her illness and probably will need a place that will take good care of her and protect her, that will cost lots of money, unless your sister is willing to give her that care 24/7. Your husband must take immediate action. Good luck!
2006-10-26 07:26:19 · answer #5 · answered by matriarch_seven 2 · 2⤊ 0⤋
Your mother in law needs to sign a power of attorney. If she has and appointed the sister in law as the person who is in control of the money there should be a clause where if she is abusing that then the power of attorney needs to be changed. I would consult with a lawyer.
2006-10-26 07:18:17 · answer #6 · answered by JUDY M 2 · 3⤊ 0⤋
I hate hearing stories like these! Get an attorney, he may be able to get the sister to pay most of it back if she can not produce valid reasons for doing this. Further, your husband can take legal guardianship of your mother in law.
Please don't waste any time. Contact an attorney today!
Good Luck and Take Care
2006-10-26 07:21:09 · answer #7 · answered by Anonymous · 4⤊ 0⤋
Get some advice from an attorney. If its the money she's not entitled, then she has no reason for getting it. Its very sad to manipulate some one who is sick, it just pisses me off big time.
2006-10-26 07:21:19 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Get a lawyer...
You may have to have your mother declaired incompetent and they can get some of the money back.
You would then have to set up a trust account of some kind for your mother...
2006-10-26 07:16:50 · answer #9 · answered by lancelot682005 5 · 3⤊ 0⤋
Well, you can petition the courts for guardianship and power of attorney for your Mom. You can also call adult protective services and they will send someone out to investigate.
2006-10-26 07:17:26 · answer #10 · answered by kja63 7 · 3⤊ 0⤋