My sister in law had power of attorney over her dad, he passed away approximatly 9 months ago. She spent all of his money and my husband believes that she changed his life insurance beneficiary after he was diagnosed with dementia. Now she is also personal representative and refuses to file probate because my husband inherits his dads home (that she quit paying homeowners ins) We cant take out a policy for homeowners ins. that doesnt list the insured as "to the estate of" which means she would get her hands on any money if something did happen to the home. We are considering hiring an attorney and plan to pursue criminal and civil actions against her. She has refused to show an accounting of dads money and has claimed that she gifted her children.We all took care of dad.
As an heir at law, you can file to be Administrator of the estate (if he didn't have a will). If he did have a will, you can file to have the will produced and have someone other than your sister appointed b/c of her misappropriation of funds.
You should seek legal advice from a Probate attorney in Jefferson County.
Hey, I gotta figure after 9 months that if there was a will they would have filed it. You need to hire a good atty who can force her hand if she's holding onto a will. Good luck.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
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