What can be done if my sister is the personal representative and Power of Attorney of mom’s Will and she has been stealing money from mom’s account?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can be done if my sister is the personal representative and Power of Attorney of mom’s Will and she has been stealing money from mom’s account?
Mom passed away almost 3 months ago. She had assets of $131,054.09. at the end of December; at the end of February her assets were only $28,757.47. My sister stole $102,296.62, of mother’s money. What can we do?
Asked on March 17, 2016 under Estate Planning, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your mother.
If your mother's Will designated a successor as executor, the procedures should be followed for removing your sister as executrix and appointing a successor. If the Will is silent as to appointing a successor executor, you as a beneficiary can file a petition with the Probate Court for removal of your sister and appointment of a successor.
You and the other beneficiaries can sue your sister to recover the assets she has stolen. Your remedy is a constructive trust which would order your sister to return the assets to the estate. The funds can also be traced to any acquisitions made by your sister and those items or their value can be returned to the estate pursuant to the constructive trust.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.