I have a elderly dad, there are 3 of us that are siblings. My dad wanted his home which was free and clear to be divided in 3 on his death, unfortunately a middle sister used a lot of the estate money but dad gave it to her to help. Then the oldest got a POA and did a joint bank account and started using big amounts of money for herself. My dad got $300,000 for his home in a reverse mortgage, 2 years later he only has 25,000 sadly most of it (over $170,000) was used by my sister joint bank account poa. My dad is forgetful and elderly, and can't handle dealing with the stress or betrayal. What can be done either prosecution wise or civil wise, I heard from when the will was made the executor had a responsibility to uphold it, and same as with the poa. That is alot of money is criminal? I need to know the steps of who to contact to review the accounts or litigate, my dad doesnt have his full wits and cant handle when brought up. Need help please advise
Even if the Will says the house will be divided 3 ways, the Reverse Mortgage company will be first in line to collect what is owed them. Thus the house would probably need to be sold once Dad moved to senior living or passes on.
Another issue would be if your Dad needs to go into a nursing home. If there isn't enough money to self-pay, then Dad would need to sign up for Medicaid [which is different from Medicare]. Medicaid does a 5 year look back... oops.... Medicaid will consider the monies taken by your siblings as "gifts" thus Medicaid wouldn't kick in for quite awhile.
My comment pertains to litigation. If your dad only has $25,000 can he afford to get embroiled in a lengthy and stressful legal situation with your sister? Especially since he's not 100% lucid and can't handle all of it when it's brought up? Is there a POA for your dad who can sign legal papers and make decisions with a lawyer so your dad doesn't have to?