Legal Question in Wills and Trusts in California

My parents made my brother their Financial POA when they reached their mid-80's and could no longer pay attention to their investments, with the understanding that he would continue to keep their money invested in the low-risk money market and savings accounts that my Father had set up. My brother is also Executor of both my parents' Wills. My Dad passed away recently, and my mom is still living, but is unable to understand or oversee any of the financials. It is my belief that my brother is not trustworthy and in fact, left to his own devices will be dishonest. My parents' Will states clearly that their estate shall be divided equally among my two siblings and I, once they are both gone. My question is, how can I be sure that my brother will not take money out of some of the accounts to make riskier investments or make other "mistakes" before my mother is gone and the estate is divided between us? My mother lives in Ohio, and my brother lives in Pennsylvania.


Asked on 10/27/09, 1:14 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can not be sure. But remember that any money lost will be 1/3 of his potential inheritance so he has a reason not to be foolish. You could try to have your mother set up guidelines, but if she is the typical mother she will not admit your brother would do anything wrong. You can try to get your brother to reveal what investments he is making, but he may not tel you and you can not force him to. Why don't you find out from him, in a very polite manner [tell him your child has a school project to see how individual investors did over the last several years in the market], what he did invest in and how it did compared to the rest of the market. Look at your mother's tax returns. Rember he may feel you are just jealous and interferring.

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Answered on 11/01/09, 1:58 am


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