Asked in Probate for New York

Q: Do I have rights to money my co-power of attorney sold before my mother died

My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any legal recourse to access this money what are my options My mother also has a reverse mortgage on her house which I live inI am hearing that because of COVID-19 it can now take a year to a year and a half to get a probate date caught can you help me with the situation because there will be no money left for us after a year and a half

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2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an attorney that knows what to do.

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You can sue your sister on the power of attorney. You should also petition to be administrator of the estate to gain control of it.

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