Louisville, KY asked in Probate for Michigan

Q: My sister took control and drained my mom’s bank accounts. My mom died about 5 mos later. I didn’t know until her death

She had my mom sign numerous checks with loan in the memo line. Over 125k. I do not believe my mom was aware of her balances. She died from Parkinson’s. My sister and I inherited the house. The only way to recover the money would be from her 1/2 of the house. A case has not been opened in probate ct. The house would not be part of probate. Is there anyway to recover money by putting a lien on the house through Probate ct. All but one bank account was noted POD to me and my sister. My mom intended for me to have 1/2 the money. My sister’s actions were egregious, including using my mom’s credit card to pay for thousands of dollars on Amazon and Pay Pal. My sister gave me the majority of statements because she was going to work it out with me, but has changed her mind and now refuses. I have already been working on a complaint to the MI AG for elder abuse financial exploitation. Thanks

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: I am sorry to hear of your situation. If there was no 'estate' because all the property passed outside of probate, there is nothing to make a claim against in Probate Court.

How did the house pass? Jointly with your sister as Tenants in Common? If that is the case you may be able to force a sale of the home and collect a LEGAL obligation in that way, but you would need to establish that legal obligation first.

This is a rather complicated process and you will be well served to get a local attorney familiar with estate planning, probate and criminal law involved. If your sister acknowledged the obligation that criminal law step might be unnecessary but it sounds like that will not be the case. Don't try to navigate the system alone! Get help from a licensed local attorney to help guide you and avoid falling into pitfalls that will make it more difficult to get the right result.

Good luck,

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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