Legal Question in Wills and Trusts in Arizona
My Mom died without a will, with the understanding that things would be split between her 4 children. My sister and I have power of attorney, and when my Mom died, she took my Moms bank accounts, her car, her jewelry, they took her name off the house. My sister and her husband said they needed to "recoup their losses somehow" from caring for my Mom for the past few years. Is this legal?? Is there anything that can be done? The house was purchased using my Moms credit, and my sister and husbands downpayment. Mom made 1/2 the mortgage payment every month for the past 3 years, and when she died that was the first thing my sister did was remove her name from the title. Ugh! Do the other 3 siblings have a legal leg to stand on??
2 Answers from Attorneys
Yes... they do have a leg to stand on... someone must file a Petition to Adjudicate Intestacy... the power of attorney died with your mom... and someone must step forward and get appointed as the personal representative by the court and wind up your mother's affairs... do an accounting... and distribute assets with supervision of the court. You can call our office at 602 462 1004 if you would like to discuss this problem. Stephanie Coulter can make arrangements for a consultation for you.
The instant your mother died, the authority under the power of attorney ceased to exist, and your sister had no legal right to do the acts she has done with your mother's assets and interests. You and the other heirs should take action immediately to stop her and her husband from using the money, wrongfully taken from your mother's estate. A court may well find that your sister's actions were so wrong that she can be fined, penalized and lose her share of any inheritance that she may be entitled to, had she done the right thing. You should get the advice of counsel at once and take action. I would be happy to consult with you.
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