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

Asked almost 2 years ago - 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. Richard J. Chertock

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.... more
  3. Jeffrey Bruce Gold

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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,... more
  4. Richard Albert Luthmann

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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... more

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