If a relative took funds as poa how do we get it back?

Question

My sister was my Mom's power of attorney who passed last June. It appears that she took all her money plus she is My Brother's power of attorney as he is diabled and in a facility. Well she spent all of that money too. They are threatening to put him out and she is up charges for that but we can not find out how much money my Mom had. She and her daughter are also living in my Mom's house til it goes out of probate which I did not like. Now I hear rumors that she did not pay the common fees so is risking that as well. What can my sisters and I do? She is divorced and their house is closing in Sept and she gets half after all the bills are payed. We are at a loss as the attorney kept telling us that my sister had everything under control. This lawyer did not do her job as far as I am concerned and should be sued as well. There is four girls and a Brother not just her as heirs and she has lost all of my Mom's worldly goods. What recourse do we have?

Answer 1

Hire a lawyer and force her to do an accounting for the funds she handled as attorney in fact (agent) for your mother. You will then be able to see where the money went. Your sister would then be compelled to pay any money back to your mother's estate which were unauthorized payments. The court applies principles of the law of equity in looking at such transactions.

All of this should make reference to the actual terms of the power of attorney document. You should be aware that some power of attorney documents give the agent the authority to make "gifts" or "qualified gifts" to any person, including the agent hershelf.

Answer 2

Get a lawyer and sue everybody that you think it should be sue. First get the advise of a legal attorney.

Answer 3

hi take her *** to court and get a new lawyer and make her tell you were the money when