She said she didn’t want him to have it to blow and he is mad not knowing why she can take his money that he worked for all his life
OK. So your sister stole your from your father and is subject to an arrest. An "executor" has no legal power before death. Of course he is mad. He is entitled to spend as little or as much of his money as he wants to spend during his lifetime.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Whatever authority your sister used to transfer your father's funds into her own name has nothing to do with the fact that his will names her as executor. Your father is alive and, thus, there is no executor.
She may have acted pursuant to a power of attorney, or she may have persuaded him to write a check, or she may have engaged in other wrongdoing. You should review the facts with an attorney.
There may be a remedy, so that he can get the funds returned to him. He may also want to reconsider whether he wants your sister to serve as executor.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
Is your father legally competent? If not, you should consider becoming a guardian and then getting the money back through aa guardianship. If he is competent and angry, he should speak up for himself. The fact that your sister is the named executor under your father's will is irrelevant until he passes away and, even then may not be relevant unless the court admits the will to probate and she duly qualifies. As stated by others, you and/or your dad should consult a lawyer. Also, one thing your dad may want to consider, if he is still competent, is changing his will and nominating someone trustworthy,
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