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We have documentation of all of dads assets. He lived with us for over 10 years, back in the 90's & was close to his grandkids. Our sister was always jealous of the relationship we had with dad. He moved to Gold Country in southern Cali to be a miner. We knew she was the excutive to his living trust because she was the oldest. But since everything was laid out in writing we thought when he passed away it would be fine. In May 2012 we got a call that he was in the hospital basically dying of malnutrition. We raced to SC and was able to share our love and say goodbye. He passed away 5/23/12. The very next day we drive out to his home and a local was driving off with a $5000 trailer. He said he bought it off my sister. It was insane because she was cleaning up the garage barking orders to people and her weird boyfriend was trying to take control of things as well. We didn't have a chance to grieve, it was weird, that she was acting like this. We then heard she goes to Psychic to decide what to do with her life, that explains a lot. Our dad would be so sad to know she is not following his will.
So bottom line, She has taken everything and we have not seen or received anything from my dads estate. . He had a home, motor-home, 2 big trailers, 2 ATV's, gold mining equip, gold, cash, CD's etc. He wasn't rich but had enough. He wanted everything divided 4 ways between his children.Too top it off we have a picture of his check book register where she wrote herself and my sister a check for $5000 a year before he passed away. Then when we got the call about him not doing good and she paid for herself and my other sister ($2000) to travel to his side and I received nothing. I had just lost my job and my home and her greed is sickening!
One last thing, She filed a wrongful death lawsuit against the convel. home SHE put my dad in. She then named myself and 2 other siblings Nominal Defendants so SHE would get everything. That just shows how greedy she is. The case supposably got dropped because the home didn't have insurance.
i can fill out and file forms but I can't afford lawyer. He passed away in Lancaster Cal. and my sister lives in Florida. We live in San Jose, CA We also know she did insurance fraud on some of his belongings. Can some please help me by telling me what forms I need to file to get her to show an accounting of everything and because of her lies and greed she should be removed as executor.
Thank you so much for your help. We are the kind of people to help everyone. We give even if we don't have much to give. I am a Preschool Director and hubby (his son) after 17 years lost his Aerospace Engineer job right when his dad passed away. We both have been youth ministers and always involved in helping all children and youth. We are now raising our 3 grandchildren and getting our share would help our family.

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Call an attorney for a consult. That's the only way. Who was the executor on the will? Domupyou have a copy of the will and any other written documents signed and notarized by dad that clearly stated his desires?

If you do and sister was executor and did not follow the will, then you can file a lawsuit and possibly have the estate valued and sue her for your portion.

If there is no legal documents, then unfortunately, you don't have anything but hurt.

Lesson learned. Make sure you. Have discussions with parents and make sure when you write your will and POA, AMD, Living will, etc....you give a copy TO YOUR CHILDREN and let them know where original is. This is essential to avoid these disputes and family drama.
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This is a legal matter, so should be handled through the authorities and your lawyer. The only way I can see to have some resolution is to establish a value of the estate and for each heir to sue. You also may be able to show criminal misconduct. You do need a lawyer to guide you in what you need to do. Alas, the lawyer will not be cheap. I can tell your sister should be locked away in a dungeon for what she did to you and your siblings. What kind of horrible person would do this? I hope that you are able to nail her. Her greed drove her to do unspeakable things.
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The time to act was at the time all this happened. "Never say you know a man until you have divided an inheritance with him" is a famous quote by Johann Lavater. Now your job is to keep yourself and yours away from this unscrupulous person. It's sad that you have nothing to remember him by.
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At the time of his death, her POA expired. I would have had the BF removed by the police.
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Time to hire an Elder Law attorney. Since all this happened over two years ago, I don't know if too much time has lapsed. It might be impossible to retrieve the stolen items.
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Unfortunately, without a lawyer you can't compel your sister to give you anything.
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Might try calling the IRS. You never know ,they might find your sister's financial doings a little bit interesting. Nothing like getting a letter from the IRS to get someone's attentition.
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