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    JEW6147's Avatar
    JEW6147 Posts: 1, Reputation: 1
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    #1

    Jan 24, 2009, 10:56 AM
    Abusive power by (Power of Attourney)
    Im new to the sight, but my question has to deal with Power of Attourney. My mother passed away 2 yrs ago and my older sister has power of attourney. I believe my mother had a will, but I have not seen it. Before my mother passed she stated some of the things that my sisters and I were to split.(re: Time Shares, money from sale of the house, money from the sale of her car and land in Georgia(28 acres) ).Till this date My younger sister and I have not received anything but money from life insurance policy. My sister has control of everything. Is there any legal steps that we can take to get what was intitled to us? :mad::mad:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jan 24, 2009, 11:12 AM
    Quote Originally Posted by JEW6147 View Post
    Im new to the sight, but my question has to deal with Power of Attourney. My mother passed away 2 yrs ago and my older sister has power of attourney. I believe my mother had a will, but I have not seen it. Before my mother passed she stated some of the things that my sisters and I were to split.(re: Time Shares, money from sale of the house, money from the sale of her car and land in Georgia(28 acres) ).Till this date My younger sister and I have not recieved anything but money from life insurance policy. My sister has control of everything. Is there any legal steps that we can take to get what was intitled to us? :mad::mad:


    The Power of Attorney ends (dies) with the death of the person who signed it. A P/A does not live on.

    Do you know if a probate proceeding was started, either with or without a Will? Did your mother leave a spouse?

    And what State?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 24, 2009, 11:22 AM

    Yes, the power of attorney ended the minute the mother died.

    You can hire an attorney and file in probate court for an accounting of your mothers estate
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 24, 2009, 11:22 AM

    As judy said, the POA became invalid with your mom's death. Someone needed to submit the will for probate and an executor needed to be named. If you are a beneficiary under the will you have a right to know the status of the estate.

    The first step I would make is to check with the probate court of the county where your mom lived to see if the will was filed.

    If it wasn't, I would retain an estate attorney to contact your sister and find out what is going on.
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