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All assets liquidated prior to death by power of attorney

Conroe, TX |

My brother liquidated all my mother assets while she in a nursing home and she has just passed away and he is saying all assets are gone. Do I have any right to ask him why he transferred large sums of her money to his account? He did this probably five years ago and we were unaware. He will give no information because he says we aren't entitled to know. Her stay at the nursing home was paid by Spousal Va Benefits and her social security, so her assets shouldn't have been needed. Her medical expenses were paid by medicare and her supplemental insurance AARP. He is also the executor of the estate. Six years ago he told her she could move in with him, if she gave him power of attorney and made him executor of her will. She did. 6 months later she was in a nursing home.

Attorney Answers 3


  1. Best answer

    I absolutely agree with the other attorneys. You need to consult with an attorney immediately. He had a fiduciary duty. Let him "tell it to a judge".


  2. Sounds like an abuse of power and a conflict of interest. You should consult an attorney to look further into the issues your raising.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. He could not use the power of attorney to benefit himself-so it would be worth looking into with an attorney.
    His defense could be that the assets were gifted or an elder law attorney devised a shifting of assets to qualify for benefits.
    Good Luck

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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