Thornton, CO asked in Contracts, Estate Planning, Family Law and Probate for Colorado

Q: Can I file a case against my sister who abused her POA if she lives in another state?

My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty much they said is not my business what happened before she died. I would like to file a case to see those bank records and to make sure that my sister did not abuse her duty. Can I file it in Colorado?

1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Estate Planning Lawyer
  • Westminster, CO
  • Licensed in Colorado

A: It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.

Generally speaking, someone who has an interest in the Estate may be able to bring a claim to address potential breaches of fiduciary duty. You will need to consult with an Ohio attorney to learn what is required for an interested person to be able to bring a case against a fiduciary there. They can help you determine whether you meet the necessary qualifications and what would be involved if you can pursue a legal action against your sister.

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