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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
