I want to know if sister is cheating family out of valuables. Can she go by the will even if Mom is still alive?

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Kp1234 Asked February 2019

I want to know if sister is cheating family out of valuables. Can she go by the will even if Mom is still alive?

My mom is in assisted living with really bad Alzheimer's. My sister is POA and executor of estate. She is selling mom's house and is keeping most of the valuables. She said they are willed to her. Can she go by the will even if mom is alive? I think it's very deceptive. We did not know about the POA and did not know the contents of will which was signed in 2017.

Alzheimer's & Dementia Power of Attorney (POA) Will

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score 1 · Answer 1

You need a lawyer and a caveat placed on your mother’s home and possessions immediately to stop the sale and your sister from taking things from home
say that fraud is suspected and theft
demand an audit of your mother’s accounts Evan have a private detective look into it and perhaps follow her for a day or two

this is a serious breach of the law

you must request to see the will AND no you can’t act upon the contents of a will before the person is deceased

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score 1 · Answer 2

If sister is being secretive she is up to no good.......plain & simple!

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score 2 · Answer 3

In my state, POAs don't need to be filed. Wish they were. Same with the will, its only filed and made public at Probate.

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score 1 · Answer 4

Will means nothing until your mom dies. POA gives your sister a tool to benefit your mom. Selling the house can be justified to pay for her care. Keeping the valuables is not. How does that benefit your mom?

If the POA allows for your sister to sell the house then it should be recorded with the county. If not, then she can't do real estate transactions. If so, you should be able to get a copy from the county.

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score 1 · Answer 5

The Will only comes into play after your mother has died. Up until that point she owns her stuff.

It maybe necessary to sell the house to pay for your mother's care.

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My mom has long term care insurance policy. They are paying the assisted live facility. The money from selling the house will be put in an account to pay the assisted living place. I have never seen any of mothers financial papers.

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score 1 · Answer 6

Was she competent in 2017?

If not, how did she sign anything?

You have a copy of the will?

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HI. I never saw a copy of the will. My mother was in and out of Alzheimer's during 2017. I cannot tell if the day she signed the will she was in or out of of her Alzheimer's. My sister went to the lawyer alone with her to set it up. Neither my husband or I didt go.
Sister didnt want us to go. Another thing is sister does all her finances. We have never been able to see any of her accounts. All so secretive.

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I want to know if sister is cheating family out of valuables. Can she go by the will even if Mom is still alive?

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