Pearland, TX asked in Family Law, Elder Law and Probate for Texas

Q: Can the probate lawyer have my siblings replace money from mother's estate and how can I get a list of expenses?

My siblings had my mother get all of my parent's money out of their bank account and two sisters opened a new account with parent's $87k. Said it was for safekeeping. Mother was on hospice, had dementia and kidney disease due to diabetes. Father was FPOA. Bank said because mother went into the bank, that shows willingness. Mom couldn't speak in complete sentences and her moments of clarity were only upon waking. Siblings said they would give the money back whenever mom wanted it. Two days later, mom wanted it, but siblings refused to return it. Siblings stopped taking mom's calls or text. Mom told all visitors what siblings did hoping someone could help, but siblings never planned on returning money. Year after mom passed, 4 siblings split $87,000 among themselves stating that my $2,000 portion (after expenses) would be held until I could produce a quilt my mother made. My sister stole that quilt and other items already. Sister is not executor. Can't we have money returned to estate?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The executor can sue and anyone can report the theft to the police and the county district attorney. Note that if your parents later needed Medicaid, the Texas Attorney General is allowed to join the criminal suit brought by the county district attorney. But note also that you right, "years passed." Evidence may have gone stale. Witnesses may have died or forgotten. The statute of limitations may have passed.

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