General Question

trailsillustrated's avatar

Is there a government or state body that could help me?

Asked by trailsillustrated (16794points) July 20th, 2013

My father died in June in the USA. My oldest sister had power of attorney and handled all financial matters for him. Apparently most of the money left over has been eaten by bills, however she emailed me on July 10 telling me that she was going to give my other sister $5000 on the Saturday and deposit that same amount into my bank account. She did take my other sister $4000 but did not put anything into my bank and has not answered any emails I sent gently asking about it. Is there anything I can do without having to hire a lawyer in the US which I can’t see doing? I’m sort of distressed because I told my son I would finish his driving lessons with it-

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9 Answers

johnpowell's avatar

I’m not really sure what you could do in this situation without looking like a horrible person.

I would just keep asking. And if you hate sister go ahead and get a lawyer involved. But that will eat up most of what you hope to gain.

YARNLADY's avatar

Call her and tell her the bank must have made a mistake, because it hasn’t showed up in your account.

Fluffedit's avatar

Well there isn’t much you can do since she has control of the money, you should be calm about it and wait for a reply if you get no respons ask again… But if not and you really want the money get a lawyer but you will lose a good chunk of it to that lawyer and remember it is possible that you may loss the case and not get any money and you just get stuck paying the lawyer. So just be calm. And realy do you really need 5k to teach a kid how to drive, just toss him in a car and hope for the best.

trailsillustrated's avatar

I don’t hate her, at all. @Fluffedit I’m in Australia, it’s quite different they do by log book here. Expensive.Thanks all.

WestRiverrat's avatar

I think I would contact the other sister and give her limited power of attorney to look into it for you.

hearkat's avatar

Was there a lawyer involved in handling the estate? That’s whom I’d contact.

trailsillustrated's avatar

@hearkat there was, but this it was in a really remote town on the west coast of the us, I can’t really contact him, I can’t contact anybody there but for email.

gailcalled's avatar

The estate is now in the hands of the probate court, and your sister may be the executor. Her legal power of attorney rights and privileges expired at the moment your dad did.

She is NOT in control of the money

She has no legal way of distributing monies from your dad’s estate at her whim or pleasure.

Her job is to help execute the will; there has to be a lawyer involved. There has to be documentation of what happens to every penny.

Stop being gentle. Start being tough and demanding an accounting. If you are an heir, you have the LEGAL RIGHT to read the will. Demand a copy. GET TOUGH.

Call the court house in the little town and ask the clerk about this will and what recourse you have, including a local attorney who will help you pro bono..

Your sister is committing a crime, from what you have written.

My mother died two years ago; my sister is the executor and we have scrupulous attorneys and accountants. Nevertheless, the Internal Revenue Service will not close this case down without an audit, which is transpiring now. If my sister had not dotted every i and crossed every t, she would be in big trouble.

PS. As an heir or interested party, you also have the legal right to demand to see all the bills and the details involved in the execution of the estate.

PPS. Sorry about all the afterthougths. My sister was not allowed to distribute any monies until the lawyer had given their permission, in detail and in writing. Then she wrote and signed the checks, with the amounts designated by the lawyers and the recipients ditto.

hearkat's avatar

@trailsillustrated: Gail’s comment supports my train of thought exactly… you have to get in touch with the attorney handling the estate. Do a web search and get their email address. In the unlikely event that their email is not available online, get up in the wee hours one day and make that phone call in order to get their email.

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