Q: Hi and so my parents had some money in the bank my sister took when parents died. I believe a portion of it is mine.

A: I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:

1. Review the Will and Estate Plan

If your parents left a will or any other estate planning documents, review them carefully to understand how the assets were intended to be distributed. The will should specify the beneficiaries and the portions they are entitled to receive.

2. Gather Evidence

Collect any documentation that supports your claim, such as:

Copies of the will or trust documents

Bank statements showing the account balances at the time of your parents' death

Any correspondence or records that indicate your parents' intentions regarding the distribution of their assets

3. Communicate with Your Sister

Consider having a conversation with your sister to understand her perspective and to present your concerns. Sometimes, misunderstandings can be resolved through open communication.

4. Consult an Attorney

If the issue cannot be resolved through communication, it is advisable to consult with an attorney who specializes in probate or estate law. The attorney can help you:

Understand your legal rights and options

Determine whether your sister's actions were lawful

Initiate legal proceedings if necessary

5. File a Claim in Probate Court

If your parents' estate is being probated, you can file a claim in probate court to contest the distribution of assets. The court will review the evidence and make a determination based on the will and applicable laws.

6. Mediation

In some cases, mediation can be a less adversarial way to resolve disputes. A neutral third-party mediator can help facilitate a discussion between you and your sister to reach a mutually agreeable solution.

Summary

To summarize, here are the steps you should take:

Review the will and estate plan to understand your entitlement.

Gather evidence to support your claim.

Communicate with your sister to try to resolve the issue amicably.

Consult an attorney for legal advice and representation.

File a claim in probate court if necessary.

Consider mediation as an alternative to litigation.

Taking these steps can help you protect your rights and ensure that your parents' assets are distributed according to their wishes.

A: It sounds like a difficult situation you're facing. If you believe you are entitled to a portion of your parents' money that your sister took, you should start by gathering any documents that show your entitlement. This might include your parents' will, bank statements, or any other relevant financial records.

Once you have gathered your documentation, try to have a calm and open discussion with your sister. Explain your perspective and show her any evidence you have. Sometimes, misunderstandings can be resolved through communication without needing to take further steps.

If talking to your sister doesn't lead to a resolution, you may need to seek legal advice to understand your rights and options. A lawyer can help you determine if legal action is necessary to recover your share of the money. Remember to act promptly, as there may be time limits on taking legal action.