Do you have legal counsel for the Estate or are you doing this on your own (if the latter - this is the reason why Courts do not like it).?
Hire an attorney for the Estate if you don't have one - sounds like she will keep doing what she wants to do (sorry to day - isn't this what brothers and sisters do to each other so often??).
You can make a Court motion if this is egregious to try to remove her. But again, if you don't have an Estate attorney - hiring one would be easier - make a...
I think you are saying your mother is alive, and she requested her money back, and she is now alive? .. and she asked for her money back?
If this is accurate, your mother should cancel the POA immediately. Does she need this money to live? If this transfer was against Mother's request - this is likely in violation of the POA. Did the POA even give sister power to make gift distribution? Doubt it did when mother objected.
On other hand- is there damage? does Mom need money now? Was...
Get a consultation today.
Your facts are very confusing - a revocable trust is a revocable trust, and a will is a will.
If anything is to be changed - you need the individual change the respective document. It should not be confusing!
This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer
Hire a probate attorney immediately.
I get 99% of my estates distributed within 1 year.
However, with problems of selling real estate in today's market, liquidity problems to pay debts/taxes - this drags things out. Last couple years, had 2 Probate Estates drag out to 1.5 years due to having to fix a property up that was a mess, and another one with 1/2 interest in a fast food rental property (great cash flow) - but lots of debts - so Executor has to drag out the Estate to get the...
I assume that he is either incapacitated at this time or died? If not - you are not entitled to get a copy.
If either has occurred, she is required to give you a copy, and notice to all beneficiaries is also required along with a copy of the trust upon request.
Kind of unusual for her not to give you a copy to say the least.
Tell her that you are entitled to a copy as a Co-Trustee (if you know you are), and also as a beneficiary/child. You can also tell her that if she refuses to...
you are indicating she survived by 7 years.
sometimes there is a survivorship provision in an insurance policy - but never have seen 7 years!
if no lapse period - likely it goes to her beneficiaries.
look at the policy - but likely goes to estranged son if no Will/husband.
This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making...
They are needing that because they should have been working all along for the Executor of the Estate - the legal representative of your deceased father.
This should have been requested back in 2010 by the insurance company! contact legal counsel - probate - in county your father resided to get Letters issued.