Legal Question in Wills and Trusts in Alabama

my husband's sister is taken care and living with his mother cause she can no longer take care of herself she has onset demensia i think she has givin her power of attorny we just found out that his mothers car now belongs to his sister she said she bought it from her. we think she is taken advantage of her and taking her mothers money little by little my husband thinks that his mothers will which leaves everything to him is suppose to keep his sister from taking everything his mother has but i keep telling him she has power of attorny she can do what ever she wants. and he will end up with nothing if we don't step in what can we do

Asked on 5/07/10, 2:20 pm

2 Answers from Attorneys

James Coleman Murchison & Howard, LLC

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If the sister has a durable power of attorney she may be able to take the mother's property. If you believe the sister is taking property for herself under the power of attorney and not taking property for the benefit of the mother, you should file an Petition for Guardianship and Conservatorship with the probate court. You need to get this under the supervision of the court and out of the hands of the sister. You should see an attorney to do this.

Answered on 5/12/10, 2:49 pm

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