My dad passed 13 years ago. My parent's will was written naming me the Executor. I have been doing my mom's finances for 12 years. My siblings now want to get paid to take care of mom. I'm good with that, as I work FT at 65. My youngest sister decided to undermine me in hiring another attorney with no communcation to me, My mom I believe isn't competent to make decisions. Today she wrote a text to the siblings chat that she wants all of us o go to the bank and put everyone's name on my mom's account. Also threaning to take me off being the Executor, I have done nothing to deserve this treatment. What can I do?
4 Answers
Helpful Newest
First Oldest
First
THAT WORK IS DONE.
You may be an executor on your Mom's will as well, and she is still living, but that gives you no rights to manage your Mom's finances or care, nor any right to be on any accounts unless she put you there.
If you are not financial POA for your mother, then you have no right to manage her money.
If your Mom is competent, she can remove anyone at any time as POA and appoint another.
If your mom is INCOMPETENT in these choices then that must be DIAGNOSED and proper documents for guardianship or conservatorship should be done.
This is a matter of your mother's competency, which is a court matter, and of who will manage the money for her, keeping meticulous records of every penny in and out of her accounts and paying her expenses, investing her assets, and keeping track of it all.
See an elder law attorney now.
Your siblings have already contacted an attorney. That suggests that they do not feel your mother's funds are well handled.
And as executor, your job should LONG ago be done in terms of managing and distributing your father's estate according to his wishes.
Unless you are a Trustee of some Trust he created to protect your Mom you have no rights to manage her money just because you were Dad's executor.
Please see an attorney. It's hard from your post to see just what legal things did or didn't happen here. You need to take all documents and records with you to your consult and I sure wish you luck and hope you'll update us.
Do you mean POA? Is it a general POA or an enduring POA? Is Mom able to make decisions & sign for herself? (That may be important)
Mixing family & money, yuk. But if family do the job, cut the grass etc, then yeah, ok I guess. Awkward if better alternatives exist though eg a kid down the road could do it cheaper, more timely & a better job..
ADVERTISEMENT
Just read your profile. It looks like you work full time and take care of mom’s finances. You are the executor of the will.
You have asked your siblings to help out with chores and they want to be compensated for their work.
Is it possible that your siblings resent you for being the executor?
You will have to speak to the attorney since you couldn’t reach an agreement with your siblings.
You said in your profile that your siblings didn’t do satisfactory work. Why haven’t you considered hiring outside help to do the work?
Best wishes to you and your family.