My sister named herself p.o.a and executor of moms estate. She wrote a self serving will n had mom sign it even though she had dementia. The judge threw the will out. And now I'm having my sister removed as executor/administrator because of mismanaged funds. Meanwhile I'm working on getting disability because of my diseases, im unable to work and I'm struggling.
This is not a power of attorney question. I am changing the category of your question to "Probate" so you will get more responses.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
The person in control of distributions from an estate is the Personal Representative (PR). If there is a pending motion to replace the sister, then any request for distribution is premature. Frankly, with issues of undue influence and PR malfeasance, this is not a DIY project. With rights in an estate pending it should be easy to retain local experienced probate counsel for advice and representation. Depending on what the sister has done, criminal charges may have to be involved.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.
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