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Texascoast Asked July 2015

Mother had POA over her Mother's estate and she has 2 siblings. I'm not sure if what she's doing is legal. Advice?

It has been about 8 years since her mom died. She has changed bank accounts into her name and moved some to other banks and only given her siblings a small check. Im not sure if this is Legal. She is being secretive about it and if she were doing everything by the letter, wouldnt she be ok with showing people statements and letting the family know whats going on?

malloryg8r Aug 2015
If your mom was Executor of her mom's estate she must follow the directions specified in grandma's Will. Do you have a copy of the Will? It may be that mom was left the majority of the Estate and the 2 sister's got less. How do you know that the sisters only got a small check -- have they been hinting around that they feel cheated out of an inheritance? Again, what matters is what was actually written in the Will--the most current version. There's lots of possibilities here and I won't speculate, except that if the 2 sisters who got "small" checks believe they are due more, they need to see a copy of the Will and your mom should be able to show how she followed the directions in the Will.

GardenArtist Jul 2015
Sorry - I copied your profile statement so I could reference it when responding; didn't realize the other stuff tagged along with it.

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GardenArtist Jul 2015
You wrote that you're caring for your mother with either Alz or dementia. Are the transactions that concern you still being carried out by your mother, despite her dementia?

If they were undertaken closer to your grandmother's death, she might have been carrying out legitimate tasks if she was the personal representative for your grandmother, and/or if GM's will left everything to your mother.

I'm wondering why this is an issue now, 8 years after your grandmother has died?





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I am caring for my mother, living at home and the primary ailment is alzheimer's / dementia.

JessieBelle Jul 2015
The POA becomes invalid when a person dies. Is she the executor of the estate? Was there a will that says where the assets should go? Did she get the letters testimentary to start handling the estate? Money cannot just be moved around, even by an executor unless she was joint on the accounts or unless they were payable on death to her.

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