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djstrunk Asked January 2014

While my parents were alive my step-sister took 26,000 from their bank account and says she didn't keep any of it. What can I do?

While my parents were alive my step-sister took 26,000.00 from their bank account and says she didn't keep any of it but 8,000 to pay for funeral and cremation and wont tell me where the rest of it is. Also, she locked me out of their home for a month and took everything. I have proof from her what she took and since they were MY bio parents and it was her mom and Step-dad I say when the house sells I get 3/4 and she says I am only going to get 1/2 less everything she took from the house. Plus the harassment from her while my mom was living with me (she called the cops on me every day). What can I do???

realtime Jan 2014
You know what bothers me, djstrunk? You seem to feel that she isn't a real sister since you had different fathers. But didn't your mother love you both? Didn't your mother think of each of you as a real daughter?

djstrunk Jan 2014
Thanks all .... got lots of help .... finally .... The estate is still not settled although my half sister did email me yesterday and told me that she did sell the house (again without me or my consent or anything) and that it should close in 2 weeks. And if I want my part of the money she MUST have 2 ways of contacting me and neither one of them could or would be by email. I had told her previously I didn't have a phone. ... So who knows what is gonna happen next. I am calling elder law attorneys today and getting some appts. Not sure if I will go after my sisters house to make her pay back the money she stole .... I basically want her to realize that she is in the wrong and the world does not revolve around her no matter what she might think. In her eyes, everyone (the world) is more stupid than she is and she rules the universe. Time stands still at her command .... LMAO

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blannie Jan 2014
Agree with JeanneGibbs and SunFlo2. You need an attorney. We can argue back and forth about what's right morally and ethically, but the law says what's legal and we're not lawyers. Get one.

jeannegibbs Jan 2014
You need a lawyer.

sunflo2 Jan 2014
Well, then, since there was not legal will, you will need to have firm and accurate documentation regarding the money and then speak with an attorney to see what rights you have and get an idea as to whether you have a case, his fees to go after your half sister, and finally, your chance of winning the lawsuit. You need to decide if you are going to go after sister's estate to recoup the money.

Is mom and dad's estate settled yet? Did it get split 50/50 or other?

In my best guess, you can't do anything without an attorney. The police aren't going to touch this, since it is your word against hers and may be difficult to prove (other than hearsay) that mom didn't gift her the money -- which sis may claim.

Wishing you luck in getting a settlement on this one. Shame on parents for not preparing a Will. Shame on parents for not fighting or placing a claim for that money when they learned it was taken from their accounts -- especially since you say this occurred while they were both still alive.

djstrunk Jan 2014
margarets .... there was no will unfortunately ... and I have plenty of witnesses that can verify that my nother stated to them time and time again that my sister "stole the money from her". Thanks everyone for your answers .... and countrymouse ... I WILL NOT drop it. there is a principal here and my parents are/were well worth the aggrevation i may get from all this.

djstrunk Jan 2014
Countrymouse ... the money WAS NOT given to her .... my mother even told the bank branch manager that she was not given permission to withdraw that money. And it is my business since the woman was my mother as well. pearyb ... the day my mother got out of the hospital she called me to come pick her up which I gladly did and my sister called the cops saying I kidnapped her. The next day she called them and said that I was holding her hostage, the 3rd day she called them and said my mother was not safe around me, the 4th day she called them and said I was abusing my mother, and on the 5th day my sister sent adult protective services to my house and said that i was trying to kill my mother. And everyone that came to the house got the same response from my mother ..... There are no bruises anywhere on me and I feel perfectly safe right here. This is where I feel at home. she was with me for 3 weeks and doing fine. she was able to go sit outside in her wheelchair, talk on the phone, watch tv, carry on conversations, etc. she went to stay with my sister and in less than a week she was dead. 2 days after she went out there she was incoherent and was confused. my sister even called my mothers doctor trying to get my mother more morphine (which me and my mother had gotten filled about 3 - 4 days prior to my sister making the call) .... And I need to correct the fact she is my half sister not my step sister. and I have the proof from the bank where my sister took out the money and even signed for it.

norestforweary Jan 2014
Laws are different from state to state and they are there to handle problems like these. You are not the first to go through this nor the last. There has to be an accounting of everything...... there will be a paper trail. You need to get an elder law attorney. If this ends up a legal battle and your stepsister is found wrong, your legal fees may have to be paid by your stepsister. Though this process is not fun you have rights and if you want to protect them there is nothing wrong with that.

Countrymouse Jan 2014
Depending on when this 26,000 was taken and in what circumstances, your step-sister may have to account for what she's done with the money; so I hope she can if she's asked to. But she doesn't have to tell you, specifically. Unless you're alleging theft or fraud, what business is it of yours to know what she's done with money given to her freely by her parents?

As for what you respectively get from the estate: that's not up to either of you, it should be in whichever will remains to be settled. If there's no will, whoever's appointed executor will decide; and if you each of you have the sense you were born with you'll accept what you're given and go your separate ways.

Seriously, drop it. These fights are NEVER worth it.

margarets Jan 2014
Honestly, you need to see a lawyer about this. A lot depends on what your parents had in their will, PoA, etc.

pamstegma Jan 2014
Much depends on who died first and what was in the Will. If Dad died first and left everything to his wife (her mother) and her mother died and left everything to her daughter (your stepsister) then you get nothing. Happens a lot with step families.

Eyerishlass Jan 2014
If you have proof I'd retain a lawyer and call the police and get a police report filed. You'll need one. But if stepsister doesn't have the money anymore what are you hoping to get back? I only ask because once the lawyers get involved it's going to cost you.

pearyb Jan 2014
These situations are always complicated. Whenever the police show up it seems that the blame card wants to get played. You were not to informative with that episode. If she has called the cops a lot and has had access to the money it SEEMS she is using the offensive mode to get what she wants. I seldom want to go to an attorney but sometimes you need to. This looks like one of those times.

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