Legal Question in Wills and Trusts in Indiana
Estate
My sister has power of attorney for everything regarding my mother and father, who she had declared incompetent about a year ago. She had cashed out the life insurance for both of them so when my father died in 2008, his life insurance was already gone. His will said that my mother was to get everything. My mother is now living with my sister. The house that my mother and father owned has now been sold and my sister took all of that money and spent it (said she paid off all credit cards etc). The fact is she also bought a new car, new kitchen appliances, had her bathroom remodeled, and went on a short vacation to her favorite Casino, among other things AND LEFT MY MOTHER HOME ALONE for 2 days. I have seen my mother�s will. My sister is the executor, and everything is to be split 50/50 between us. Since my sister, whom filed bankruptcy 2 years ago, is using my mother�s credit cards and running up bills, when my mother passes away, and the only thing that is left is BILLS, will I have to pay 50% of them?
2 Answers from Attorneys
Re: Estate
If your sister obtained a guardianship over your mother and has failed to use your mothers assets for her benefit, we can petition the Probate Court to have her removed as guardian, and repay the expenses. If true, the conduct you have described would certainly open the door for you to replace your sister as guardian, and be able to safeguard the funds for the future.
With respect to the bills, if your mother owes creditors, they will have to recover the money from her estate when she passes. If there are no assets left, then you will not be responsible for your mother's debts.
If you would like to discuss this further, and see what options you have to prevent your sister from missapropriating your mother's assets, feel free to contact us.
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