Legal Question in Wills and Trusts in Texas
Left out due to greed
My father passed away in October 2004. My brother and sister decided to appoint themselves with power of attorney for his estate without ever informing me.
Since that date all money coming in from his estate was devided among themselves and I have been left out of everything.
My father worked for the school district for 20+ years and the paperwork that he first initially filled out specifically stated that all money should be devided among his three children. Once my brother and sister appointed themselves with the power of attorney, they changed all the paperwork with my fathers approval and with the understanding that all money would be divided equally among his three children.
To this date, I have never been notified of any changes or of any money coming in. I would like to know if I have a case or if you can recommend any legal advise online.
Thank you for your help
2 Answers from Attorneys
Re: Left out due to greed
You could file an action for accounting in the estate to see if your brother and sister have the proper authority to obtain the proceeds of the estate. The power of attorney must be recorded in the courthouse.
Re: Left out due to greed
The power of attorney ended with your father's death. It would be a breach of their fiduciary duty if your brother and sister made changes to give themselves everything. Then there's the question of what was in your father's will, if any, and whether it has been entered into probate.
Right now there are too many unknowns to determine whether you have a good legal shot. Last, but not least, is the question whether 1/3 of your father's estate would be worth the cost of a legal fight.
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