Follow
Share

Sibling moved in with parents, who developed severe cognitive decline over the last years of their lives. She manipulated them into believing all other adult children were out to put them away and take all their money, which was simply untrue, only her machinations, which included disparaging siblings not only to parents, but also to relatives and mutual friends and acquaintances. Some of them believed her. Besides her, we are four other surviving adult children. We aren't interested in any legal battling (no one even has funds for that), just want to know what's going on with possible sale and distribution of assets, etc, and what our options to follow up might be. She has made herself (somehow) sole authority and voice in any of these matters since our mom passed in 2019.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Unless there's a piece of paper saying she's the sole authority, she isn't. Does anyone know if there's a will or trust in place? You need to find them if there are, because they'll be the ones that say who is the Trustee or executor.

If there is no will or trust, then your parents died "intestate" (not interstate), or without a will. The courts will decide who is their representative, not you and not Sis. No one can sell or distribute anything until probate court decides who has the authority to do so. It is illegal to do otherwise. (You might remind your sister of that fact.)

You and your siblings need to consult a trust and estate attorney to find out what the next step is, because right now everything is legally in limbo.
Helpful Answer (1)
Report

So Mom has died and Dad is alive? Unless you have access to your Father's and your Mother's wills there is no way you can know anything short of asking. I am assuming your sister, caring for both parents, is the POA. Since she is giving all care for two parents, for all this time she is more than likely in charge, and also likely to be the executor on any will. You are likely safe in assuming that the Mom's death left any deed to property/assets in her husband's name, with Sister as POA. But short of assuming, that's about all you have. Almost certainly she will be executor. If there are any assets left then your Sister may be sole beneficiary in thanks for all the care she has given. But be that as it may, if there is a will it will have to be recorded when filed for probate and that's a public document. If money is in a trust, nothing needs to be filed, so it is basically a wait and see thing. No one has any right to question. Should you suspect fraud or abuse you can open a case with APS, but I would have your evidence of same at the ready.
I honestly think that the Sister who is doing direct care SHOULD have the authority, but that's me. Were I to want relationship or access I would offer what help I could with cooking, cleaning, respite care, and etc.
Helpful Answer (0)
Report

It is truly sad that siblings find themselves in this situation. I know of so many stories where parents trusted children to be fair with one another. Guess what? Sadly, this doesn’t happen and there is a big mess.

Contact an attorney to get answers for your state. Best of luck to you.
Helpful Answer (1)
Report

So you do not even know if there is a will or not at this point?
It is likely time for the four of you to spend about 100.00 each for an hour of a lawyers time. You will find out how to follow up on probate, finding out who is on the deed to the home (if there was one) and etc. in your area. You will then know how best to proceed about having an executor appointed to do a probate, if there is not will or trust.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter