My stepdad passed away Feb 2023. He moved there after my mom passed Aug.2014. He went back and forth between my sister house and his daughter house. keeping him young. Sometime around 2015-2018 his bank acct had over $400,000.00 in it. around 2019 he went into assisted living home. That was paid for with his SS check. About 4500.00 per mo. about the same amount as his ss check. He liked the home and made friends and was doing good. My step sister decided to move him into a V.A. home. I assume to save money. I forgot to mention he was 98yrs old at the time. Long story short I think she had him add herself to his bank account. Money she would use for some things for Ed toiletries etc. But also for whatever she wanted. I know she gave her brother $100,000.00 as an advancement on his inheritance so he could buy out his ex wife on his house. She did this without telling Ed cause they did not want to upset him about his son's divorce. My mother and his will stated that everything goes to surviving spouse. Then after they passed it was to get divided up between the 6 kids. My step sister has not filed any will. She told her brother that there was no money left after funeral expenses that total maybe $30,000.00 tops. my step dad would not have had much if any expenses at the V.A home. His SS check would have paid for that. There is no way there was no money from him. I don't know if it would have been in his account or she moved it to her own account. My questions is if she was added to his account or moved it do we have any legal right to what was remaining ?
It is a bit late in the day to call the POA rights that your sister used for those years. Your father made her POA. As POA it is NORMAL and she would have HAD TO BE on his accounts (as POA). However, a POA can do anything they wish with that account.
They are to keep records, and WHILE THEY ARE POA anyone can go to an attorney, accuse them of fraud, and ask that the COURTS examine their records. It would be illegal for a POA to give money to someone against their inheritance. Reason being there is no expectation that there is an inheritance.
Because this trusted sister, who was apparently the caregiver all these years, and managing everything for Dad, was also trusted to be Executor of the Will and because you were likely a listed beneficiary on that will YOUR OWN LAWYER can examine all the records.
The sad truth is that your father lived from 2019 to 2024 (?). That's close to five years. With monthly expenditure. I don't know where he was or what they charged (DO YOU?), but SS doesn't cover anyone anymore in care. Your father was likely paying a good 5,000 of his savings as well as his SS on his care. He would have gone perhaps up to the higher level III and IV and needed added expenses to the normal level 1. The care may have been (about the average now for any advanced care) about 12,000 a month. At that the money floods out. Just simply floods out.
So I would suggest you speak to an attorney. I honestly think that this money may be gone. And your sis can say that the 100,000 to the brother was something "Dad wanted to do and said I should do". How can you fight that in court? you CAN'T.
I think you will end letting this go, myself.
But you can choose to pursue. If so that is legal and boy, will it cost you.
It's too bad there's no relationship with you and Sis, because were there she would happily, now Dad is gone, share her records with you.
I was POA and Trustee for my bro. It's a TOUGH JOB, as is negotiating housing and care.
All this to say that if Ed willingly added your sister and he was in his "right" mind, I don't think you have a case as it pertains to this one bank account. Was she his FPoA? What about any other property or assets he owned? Did you actually see his Will? Wills can be changed by that person at any time if they have capacity. A lawyer would also assess him at that appointment. One consult with your own lawyer will probably tell you whether this is something to pursue or not. You need evidence, not just stories. A lawyer will advise you on how to come up with any.