Legal Question in Wills and Trusts in California

My parents made my sister sole heir, gave her power of attorney and made her executor of their will. All without my knowledge until it was done. Several years back we were to split their estate. My father died 2 1/2 weeks ago and my mom was grief stricken after 64 years of marriage. She said she didn't want to live without him and hinted to my sister that she could harm herself. We saw her on Monday and on Wednesday my sister took her to the ER where she stayed two days until she was admitted to a hospital for psychiatric care. My sisters name is on all of my parents accounts and my sister has told me nothing about their finances or the will. Just that they were spending more before he died and that he got scammed for $10,000. I doubt I am in the will. I am scared for my mom. Do I have any rights at all to find out what there financial status is, the terms of the will, or any say in her care and what happens to her if my sister uses the money for purposes other than to care for my mom. I don't know that she will because once my mom dies she will get everything unless there is a trust for her grandskids which is what my father indicated.


Asked on 2/27/13, 11:30 am

1 Answer from Attorneys
Scott Jordan Jordan Law Office

I am sorry for your recent loss.

Have you tried speaking to your sister and asking her if you can help out with your mother? She may accept your help and be willing to tell you what is going on.

It also sounds as if you are not contesting that your sister will receive the entirety of your parents' estate. Since she has power of attorney, she apparently can make all decisions for your mother. You have no say in what happens. Unless you believe your sister took advantage of your parents and obtained the power of attorney fraudulently. If that is the case, you can contest her appointment and ask a Judge to review the matter and appoint a conservator over your mother's estate. She may also need a conservator over her person, as she has shown a desire to harm herself.

In any event, you should probably contact a local probate attorney for a consultation on your rights and options.

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Answered on 2/27/13, 1:46 pm


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