Legal Question in Wills and Trusts in New York
While my wifes father was alive her sister had POA.and was living with him. He than was put in a home because of his health.
This year her sister sold the house and cashed in stock ,all money was in her account and was paying for her fathers expence.
He also had other income coming in from a mortage being held, ,SS and stocks..
Last mounth her father passed away .
The will states that all should be divided 50/50.
Her sister states that there is only 95,000 left ..
What we were told if it is true is that the house sold for $550,000.
The was stock cashed in before he died for $147,000 was true.
She spent all the money ?
My question is what do we do now.?
Can a lawer dig up all the info on the estate ?
Who do we need to handle this case? .We would like to find out exactly what the house sold for and what stocks were sold etc, Than settle the will .
We live in FL and her father and sister lived in NY.
1 Answer from Attorneys
You need to bring a proceeding to compel your sister-in-law to account for the monies she collected and expended on behalf of your father-in-law. This proceeding is brought in the Surrogate's Court in the county he resided in at his death.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
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