Legal Question in Wills and Trusts in Arkansas
My best friend lost his life partner a couple years ago. They were together for over 20 years. His partner wanted to make sure he would have a place to live and be taken care of for the rest of his life. He left him $100,000 and his sister was power of attorney. My friend asked that the check be made out to his older sister, because he was afraid he would blow it and he wanted her to put it in his bsnk account snd keep the bank card so the money would be saved until he bought a home. The sister only used a small portion of the money for a down payment, about $20,000 less than she told him. She blew the rest of his money on her kids snd grand kids and stopped paying his bills back in Febuary . He is also supossed to br getting $800 a month for 20 months and he is afraid she took that money too. What can he do to get his money back and find out if she was getting his $800 a month? I sent for him a new card so he can get his social security check, she took his money every month and did not pay his light bill or cable bill and he owes $1000 to light company and $500 to cable company. This is so sad that his own sister he trusted did this to him. How can we get his money back?
1 Answer from Attorneys
You can sue to prove it was a constructive trust and she violated her duties. If you can prove that, she will have to return the money.