Troy, MO asked in Estate Planning and Probate for Missouri

Q: Can 1 sibling be appointed as POA and executor of their mother's will?

My mother wasn't in her right mind ever since her stroke. My sister moved in with her to help take care of her. While there she manipulated our mother by placing herself as the POA and executor of her will.(never filed in court)She then had our mother put her name on everything including the house, insurance, property and bank accounts. After our mother passed she was basically left with everything since it all was in her name. She has divided some of the money but no one knows for sure how much there was because she won't tell. She and her family has now fully moved into our mother's house. All she says is momma wanted me to have it. My other 2 sisters wanted me to have my mother's car since I was the only one without a vehicle. My sister basically made me pay for it by holding back my share of the money. Is there anything me and my 2 other sisters can do to get our share of the house and property? Together we're talking close to $750,000.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: It sounds like you are saying that the power of attorney that your sister used to transfer everything to herself was obtained through the use of undue influence and, in any event, your mother did not have sufficient mental capacity when she signed it. Those are grounds to have all of those transfers set aside. Hire an attorney in your areas that specializes in fiduciary, trust and estate litigation.

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