Legal Question in Wills and Trusts in Texas

I am the Executor of my fathers will which was withheld from me for almost ten days after he passed by three of my sisters of which one had my dad sign a power of attorney just days before passing from a terminal illness which let them into the bank deposit box allowing them to remove cash and the will with my legal, medial, living etc poas which had been signed in 2007 in his attorneys office. I had a temp poa for the deposit box however they went around me without telling me. This allowed the raiding on my fathers accounts and they would not allow me to see him many times while in the hospital and purposefully left me out of the funeral planning, fully admitting they were going after me when I was finally told. When I called the sister with poa and told her exactly what was in the will she relented and gave me the will...Now I find that the checking account was pod to myself yet they have raided all cash they could get their hands on even using the credit cards and the bank says I have to go after her? Do I or my dad have any rights?


Asked on 3/16/11, 3:55 am

1 Answer from Attorneys

Is your father still alive? If so, call Adult Protective Services. Also, yes, your dad can sue the sisters. If he's not competent, then apply for a guardianship. If your dad is deceased, then you can probate the will, get letters testamentary, and go after the sisters for raiding the account. You need to contact a probate litigation attorney NOW. Time is not on your side.

Dave

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Answered on 3/17/11, 7:52 am


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