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What can I do if my sister wrote out checks to herself while POA?

Brooklyn, NY |

Mom is deceased now. My sister said it was mom's wishes. My mom never gave money to any of us(5 sisters). How do I prove this?

Attorney Answers 4


  1. Once your mother passed away the power of attorney ceased to exist. If your sister wrote herself checks after she passed she could be charged criminally. Even if mom were alive at the time the checks were written your sister had a fiduciary duty to act in moms best interest. You could bring suit against your sister for breach of her fiduciary duty.

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  2. Were the checls written after death? If YES, that was clearly improper. If NO, it still may have been improper.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. The POA ceased at death. Prior to that your sister may have had the right to give herself gifts of cash, but more likely than not, she didn't. One would need to look at the power of attorney to know.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  4. When was the Power of Attorney executed? Was a valid Statutory Major Gifts Rider executed with it? Was there contemporaneous evidence of any costs incurred or extraordinary services performed by your sister? All of these are relevant questions. Contact an attorney immediately, especially if the sums were substantial.

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