Legal Question in Wills and Trusts in California
Sibling bleeding estate
My girlfriend Jean�s family is going nuclear here in California.
It is suspected that son Mike, and his wife Sandra, are bleeding the estate of Barbara into their pockets, or possibly onto the ground, in an effort to deprive siblings Jean and Betty. Mike is executor of the family estate�s will which will execute with Mom's passing. Mike also holds a power of attorney for his mother�s affairs.
Can daughters Jean and/or Betty (co-executor), obtain records of all estate transactions, over the wishes of Mike?
If a sibling intentionally decreases the value of an estate, for purposes of gain, or spite, is that action a crime?
If the actions of Mike result in a loss of value for his siblings� inheritance, is he liable for that loss?
2 Answers from Attorneys
Re: Sibling bleeding estate
Yes to all, see an attorney immediately.
Re: Sibling bleeding estate
you need to retain an experienced and knowledgeable attorney to represent you. if your girlfriend's mother will not provide you with information regarding her assets (and her son will not provide you with that information) or terminate the power of attorney and change her estate plan, and it appears that she is incompetent, a petition to appoint a conservator should be filed immediately. it is also possible the an action could be filed for elder abuse. to the extent that anyone is taking action improperly which is harmful to your girlfriend's mother, it may be possible to obtain a judgment against that person (although retrieving the assets or collecting on the judgment may be difficult).
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