Ask Me Help Desk - Give Her The Money, Or Is There A Law In California?

I have a rather upsetting question that I need to find out if it's true for my peace of mind. My step sister is a felon and stole approximately $32,000 from my dad and step mom while they had dementia. She took them to the bank and got power of attorney. My dad who is deceased left a will stating that he wants to leave $5,000 to her and my other step sister. I am executor of his estate now after all the deceit going on was found out by Adult Protective Services when I turned her in. My Legal Documents Assistant who is handling the court paper work for my accounting of the estate said that she thought that she heard about a fairly new law that felons can't inheritate. I don't want this thief to get a dime after what she took for her drug habit and robbing our folks. She went to prison for grand theft of our folks and drug paraphanelia for one year. Does anyone know about such a law here, and is there anything I can do to fight her getting anything even though she is in his will? He would turn over in his grave if he knew what she did. I get so many different answers to this question from even legal people. HELP PLEASE

I don't have any answers for you, but I did want to say that I am genuinely sorry for to hear what you've been through. Drugs consume people. My own mother has done something to this effect to my sister and I. BUt this is beyond belief. I hope you find the answers that you need! Good luck!

Don't know the laws of your state, but I'd check into filing a civil action against her on behalf of the estate, so that she gets the money on paper, but before she actually gets possession of it, it goes to pay off a portion of what she previously stole... not sure of the legalities though. Wish I could tell you more. Not sure if the will would matter as far as court is concerned considering what she did to your parents... If nothing else, I'm sure the legal system could eat up well over 5 grand in legal fees if you want to fight it out... also there is the issue of if she would have enough money to hire a lawyer to battle it out in court with you... I think you're going to have to resort to court action at some point, especially if all parties have to sign off on the will?

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Originally Posted by FutureMrsDavorin

I don't have any answers for you, but I did want to say that I am genuinely sorry for to hear what you've been through. Drugs consume people. My own mother has done something to this effect to my sister and I. BUt this is beyond belief. I hope you find the answers that you need!! Good luck!

Well thank you very much. Yes, it has been a nightmare since day one. This is just a condensed version of what the one step sister did. Two properties were also signed over in their demented state to both step sisters. Thank God that our conservatorship attorney made them sign it all back over in our parents name.

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Originally Posted by oneguyinohio

Don't know the laws of your state, but I'd check into filing a civil action against her on behalf of the estate, so that she gets the money on paper, but before she actually gets possession of it, it goes to pay off a portion of what she previously stole... not sure of the legalities though. Wish I could tell you more. Not sure if the will would matter as far as court is concerned considering what she did to your parents... If nothing else, I'm sure the legal system could eat up well over 5 grand in legal fees if you want to fight it out... also there is the issue of if she would have enough money to hire a lawyer to battle it out in court with you...I think you're gonna have to resort to court action at some point, especially if all parties have to sign off on the will??

She was ordered by the judge to pay back $22,000 in restitution. The estate hasn't seen a penny from her. In fact, she had to return back to prison for more drug usage last year. It just doesn't seem fair that she should get $5000 when she didn't pay back a court ordered restitution :eek: It would almost be worth $5000 to fight her in court. I would feel like I had done the folks justice.

Felons can inherit, they do every day,

If she owed the estate money, that should be charged to her and settled prior to probate being settled.
But if she is suppose to pay back the 22,000, the 5000 should be able to be applied to that money, leaving her only 17,000 to pay back

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Originally Posted by Fr_Chuck

felons can inherit, they do every day,

if she owed the estate money, that should be charged to her and settled prior to probate being settled.
But if she is suppose to pay back the 22,000, the 5000 should be able to be applied to that money, leaving her only 17,000 to pay back

This makes sense to me. Why reward someone with money when they didn't repay that person'(s) in the first place. I'm going to see about getting something done with the step sister since my dads will is going to court in the near future. Thanks for your comment :)