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HELP: Sister is Executor of will but had Power of Attorney and spent all the estate

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Old Apr 1st, 2011, 09:34 AM   #1
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Default HELP: Sister is Executor of will but had Power of Attorney and spent all the estate

My husband's father passed away last fall. We assumed that his sister has been waiting to file his final income taxes before settling the will. Today we got a registered letter with a cheque for $5,998.91 and a note on a scrap of paper saying that this was half of their father's money after everything was paid.

My father-in-law had Alzheimer's for the past 20 years and had been in a nursing home for the past 10 years. My sister-in-law was uncomfortable about having large amounts of money in the bank account that she and he shared. Since there were 3 siblings(herself and 2 brothers) she would divide the money into 3 and give each one of them approximately $10,000.00 each year. My husband's brother passed away 3 years ago and after paying for his funeral and headstone she gave my husband $7,000.00 that year citing the extra expenses. My husband and his sister had a disagreement after that and we no longer received any yearly sum. We figured she was hoping he too would die before his father so she wouldn't have to divide the estate as the will stated.

Since Veterans Affairs paid for most of my father-in-law's expenses at the nursing home his Military Pension, Veterans Pension, Civil Service Pension, Canada Pension and Old Age Pension had to have been more than $11,000 per year. Even if the sister-in-law took out a stipend for herself if she felt she deserved it there should have been considerably more than $60,000.00 in that account when he passed on. The only thing we can think of is that she made sure to spend all the money while she had power of attorney and shared the bank account ...which was supposed to be to take care of his financial matters.

Is there anything we can do to make her accountable to her brother for the missing money that he should have been entitled to according to the will?

Last edited by weinerdog; Apr 1st, 2011 at 10:00 AM.
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Old Apr 2nd, 2011, 05:41 AM   #2
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Default Re: HELP: Sister is Executor of will but had Power of Attorney and spent all the esta

I wish to inform you that your husband may ask for accounts from her sister. In this regard if your sister in law refuses then your husband may seek orders from court. Your sister in law had acted as executor of will and therefore executor has a duty to provide proper accounts. In this regard if your sister in law had not properly distributed assets then she may be made liable to pay the amount.

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