Legal Question in Wills and Trusts in Missouri

passing of assets before a parent dies

my sister transferred a large amount of my parents estate to her and to her husbancd. they are not dead but are not competent. they have not been declared incompetent. can she do this. what should the other siblings do? is this property ''lost''. we found out a year later.


Asked on 1/26/08, 10:13 pm

3 Answers from Attorneys

Anthony Smith LawSmith

Re: passing of assets before a parent dies

Unless she had authority granted by yoru parents or a competent court, your sister coudl nto transfer yrou parent's assets to her self, and rely on good title. Did your sister have power of attorney from one or both of your parents? If she did, then it may not easy to get the property back. If she tried to transfer property without any authority, then someone needs to be appointed, by the court, to handle your parents' affairs. You should act soon.

Good Luck

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Answered on 1/28/08, 3:08 pm
Anthony Smith LawSmith

Re: passing of assets before a parent dies

Unless she had authority granted by yoru parents or a competent court, your sister coudl nto transfer yrou parent's assets to her self, and rely on good title. Did your sister have power of attorney from one or both of your parents? If she did, then it may not easy to get the property back. If she tried to transfer property without any authority, then someone needs to be appointed, by the court, to handle your parents' affairs. You should act soon.

Good Luck

Read more
Answered on 1/28/08, 3:09 pm
Anthony Smith LawSmith

Re: passing of assets before a parent dies

Unless she had authority granted by yoru parents or a competent court, your sister coudl nto transfer yrou parent's assets to her self, and rely on good title. Did your sister have power of attorney from one or both of your parents? If she did, then it may not easy to get the property back. If she tried to transfer property without any authority, then someone needs to be appointed, by the court, to handle your parents' affairs. You should act soon.

Good Luck

Read more
Answered on 1/28/08, 3:10 pm


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