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Re: Probate for a resident of NJ with FL will; daughter refuses to provide sister with copy of will/accounting
Clearwater, FL
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Posted 8 months ago in Probate
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Eve lives in Spring Hill; her mother died in NJ, after having lived there for 11 months with other daughter Anne (Eve's sister). Anne refuses to provide copy of will and accounting of funds to Eve; no assets in mother's name alone; Anne had power of attorney. Eve concerned $ being spent at will by Anne, who doesn't want to make an accounting to sister Eve. Anne probably pilfering prior to mother's death (she did have authority to sign checks) and is writing checks since mother's death at her own discretion; for example, payment to Hospice, although not in will. Eve doesn't want to have a fight with sister over $ but does want a copy of the will and 1/2 of estate as of date of death of Mother. Best way to proceed without causing war?
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Answers (2)
Joseph Franklin Pippen Jr.
This attorney is licensed in Florida.
Posted 8 months ago.
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Thanks for your question. Attorneys are trained to key in on the main point in a question. In your statement you say that -no assets in mothers name alone-.
If this was true-then -no probate- and the will does not matter. If the will does not matter-then-an accounting would not be required. Even if you could force the filing of the will-it would not matter. It seems your only hope would be that you could prove that Eve was incompetent and Anne influenced her or took advantage of her to gain access to her accounts in an inappropriate way. Keith
Posted 7 months ago.
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Talk to a New Jersey family law attorney to find out if New Jersey has laws against elderly financial abuse and abuse of POA. It is possible that POA's might be legally required to provide an accounting to prove that monies were spent on the mother's care and not selfishly kept by the sister. The attorney can advise whether you have enough evidence to file a complaint with the police. If she is found guilty of elderly financial abuse and/or abuse of POA she might have to make restitution of the stolen monies to the estate. If she had bank accounts set up with sister's name then she will be entitled to that money after the mother's death. If there are no assets to be probated there is no need to open up probate, but if you discover assets that need to be probated, then you will need to open up probate yourself so that judge can ask sister to produce the will. tiekh@yahoo.com Probate Researcher
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