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My parents appointed me as their executor and my siblings have taken over my parent's affairs and have not informed me.

Sacramento, CA |

Hi, I have the original copy of my parent's estate will. They appointed me as their executor and both of them are no longer able to take care of their financial matters. Also, my siblings who were listed as the second and third agents, have basically taken over and are making decisions based on their own interpretation. My father is currently on Hospice and my mother has been incapacitated since December 2012, and listed me as his POA. Unfortunately, my sister and brother has taken over his rights and have gotten control over his finances and his assets without my knowledge and has not kept me informed of what they are doing for my parents. Please advise. Thank you.

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Attorney answers 3

Posted

The Wills are meaningless until your parents die. The Power of Attorney is the operative document. That said, because of your siblings actions, the only real recourse is a conservatorship/guardianship. You need to contact an Elder Law attorney ASAP to help you out and evaluate your best course of action.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Asker

Posted

Thank Mr. Shultz. What if my sister went ahead and assigned herself as the conservatorship/guardianship and told me afterwards, and has complete control over my parents accounts, and disclosed very little and wouldn't tell me anything. Both siblings have basically "bullied" me out...I do not know what else to call it.

Charles Adam Shultz

Charles Adam Shultz

Posted

She cant do that. A conservator/guardian has to be by court appointment. If she was able to go through that without giving you notice, then there is most likely some form of fraud against the court. Your sister could have gotten our parents to give her power of attorney. The court in the conservatorship/guardianship can suspend those powers.

Asker

Posted

Yes, I believe so and they were not in their right mind. When I called during the time my father was in pain, they refused me to talk to him while they were filling out forms (My brother said that my sister was busy filling out forms). So I called Adult Protective Services because I was concerned about his health...(cancer/bleeding). They finally took him to ER after two days of my phone call. They basically said I had no rights.

Asker

Posted

(That is my father was not in his right mind and my mother hasnt been). At the time, my father was in critical condition and by the time they arrived at the hospital, he was pronounced terminal.

Charles Adam Shultz

Charles Adam Shultz

Posted

You need to contact a local attorney familiar with Elder Law. Stop taking your sibilings word for it.

Asker

Posted

Thank you.

Posted

I agree with Mr. Shultz. Before things get any worse, speak with an attorney and see if a conservatorship is appropriate.

Posted

Attorney Shultz is correct. A will is revocable, changeable and not legally binding until after the person who signed it has died. Unfortunately in your circumstances, as Attorney Shultz noted, the person holding power of attorney has legal authority during your parents' lifetimes until there is a court appointment. Accordingly, your only real option is to go to court to attempt to be appointed as your parents' fiduciary. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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