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kenkemri · Jul 5, 2011, 12:45 PM

My father passed away and left my older sister as executor of the will. My mother is still alive and living in assited living. She has short term memory loss and mild to moderate dementia.The will splits the family assets equally between myself, my brother, and my sister. In the event my mother can not run her estate my sister per the will,is to manage the affairs. However, she is running up huge credit card bills approx(7000 per month) and is quickly chewing through my parents estate. What legal remedies do we have? The state is Arkansas.

JudyKayTee · Jul 5, 2011, 01:14 PM

I'm confused - your father's will left everything to you, your brother and sister and did not provide for your mother?

Go to the Probate Court, ask for financial reports and proof of the expenditures and file a grievance.

Or hire an Attorney to represent your interests.

AK lawyer · Jul 5, 2011, 01:58 PM

Originally Posted by JudyKayTee

I'm confused - your father's will left everything to you, your brother and sister and did not provide for your mother? ...

Me too. OP also says that in "the event my mother can not run her estate my sister per the will,is to manage the affairs." It doesn't seem like that's a will. Maybe it's some sort of a trust, but that doesn't exactly make sense either.

Kenkemri, do you have a copy of the document, and have you read it?

kenkemri · Jul 5, 2011, 05:15 PM

I have read the will it does leave everything to my mother, then us after she passes. Its not our interest that is the most important here it is my mothers. In the will it provides that if the either my mom or dad can not manage their affairs then the executor would be responsible. However, my sister is giving away assets such as cars to her children. Letting them live in my mother and fathers home. Letting them charge to my parents credit card accounts. etc. This is not what my parents intended when they created this will
And Maybe a combination living trust.I might add my sister holds a law degree but has never had her own
Practice.So my brother and I feel powerless to stop her from exausting my mothers assets.What steps should we take. We just want her to be financially responsible with my mothers money and assets.

Fr_Chuck · Jul 5, 2011, 08:32 PM

Unless it put the money in a trust, his will can not leave you or anyone anything after mom dies, Mom's will will have to do that, if everything was left to her.

If the money was put in specific trust, then it could.

So that is some concern of the ability of his will to do what he put down.

Next you and other brothers and sisters, go to probate court and demand sister provide proof of her use of the funds.

They all have to be used for the mother at this point and time