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?
Real Estate Attorney
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.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written 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. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
Criminal Defense Attorney
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.
Lawsuit / Dispute Attorney
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
Estate Planning Attorney
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.
This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.