Legal Question in Wills and Trusts in Wisconsin

Will My Sister Do the Right Thing?

For an appropriate legal answer focused on your question, you need to retain an attorney licensed to practice in WI.

You are headed for a classic sibling fight. It probably is inevitable.

I have handled and represented a number of this and many of them come to blows (figuartively, if not literally -- certaintly legally).

Without more facts, its hard to know who is "good" and who is "bad." If you are the bad irresponsible one, then maybe your father was right to get Power of Attorney (POA) for your mother, before he died.

If your sister is a crook -- and there are no facts to indicate such -- then you are in danger she will sqander your mother's money and -- potentially -- cut you out of any inheiritance, etc.

Your options are limited. You do not have the legal power to make your sister surrender the POA, unless she commits some infraction. Even then you will -- assuming WI law is similiar to GA law -- have to show "good cause," to have her removed as POA for your mother. This generally amouts to proof of theft or serious malfeasance. And, if you shoot, do not miss. The legal fees will come back on you if you shoot at the -- to dismiss her -- and your case is found to be not well grounded.

What can you do? DEMAND AN ACCOUNTING OF EVERTHING SHE DOES IN WRITING! Do not back up or give in on this. Push her to account for every penny she spends on your mother's behalf. Like Watergate, follow the money, its all the courts really care about. If you can prove that she is misusing it, you can have her dismissed. If she is not misusing it, the the accounting will show you that and she will do all the work for you -- take care of momma, that is.

If it comes to a legal fight or she will not give up the data, focus your efforts on an ACCOUNTING. The probate court or court of pleanary jurisdiction in WI, will grant interested parties an accounting. However, I am going to assume you have legal standing to get to court on this issue.

As to the 10K per year. Its a gift. It momma does not remember it, you cannot force her to give it to you. Sister can cut you off on this and you have no recouse. It is merely voluntary, regardless of what your late father said.

You have another problem looming. If momma does not have a will, the property will go by intestate succession. If she does have a will and she is now partially incompetent, she cannot make a new will. Any will she makes now may be suspect, if she is not in her right mind. Whatever happens, be sure that your sister will be well in charge of it.

Hope this helps.

Hugh Wood

Do you trust her? Should you trust her?

Was the power one signed by your mother while she was actually competent?Or did you father go to court to get her declared incompetent and to have your sister appointed?

I don't believe your father gave or appointed your sister any power over your mother'sassets which would survive his death, or at least not "power of attorny" powers. Power of Attorney is not likely something your father could have given your sister. Also, it is not a gift and even if she has it, as a power, it is limited legally in its exercise to deedswhich are for benefit of your Mother and not to serve herself.But please do not confront her with these statements. Read belowfirst and you'll understand what I'm advising.

By the way, perhaps there is a trust and she is thetrustee. I think you need some more information. If there is a power of attorney form signed, you ought to get yourself a copy of it. If there was a trustestablished before or at his death, it may well be on fileat a courthouse.

(By the way, see if it gives the attorney, your sister, a gifting power.)

Do you trust her? Should you trust her? 2/3

Go "get" the following legal advice from an attorney: that you ought not to leave any of these matters to "trust"; in other words, tell her that the advice you have from an attorney is "to demand an accounting"(and do it soon) ... but to keep things civil, if you trust her, tell her that you do but you feel the lawyer must have reason for hisadvice, and perhaps that the lawyer told you merely that it's good business to keep things above board and open between you and even to remove temptationfrom her -- temptation not necessarily to steal outright but to start down theslippy slope ... e.g., to interpret the value of her own work and services unilaterally. (Ask a local lawyer to explain what I write if you're not perfectlycertain what I'm saying! We might not be speaking the same language here.)

Keep in mind that what she's doing for your mother first of all is actually worthsomething and perhaps offer that she shouldn't be above taking the value of her timeinto account, but that it should be above board. Don't take the attitude that she should care for your Mom out of love and therefore ask for nothing, because the realityis that it will actually cost her out-of-pocket in that her time spent with and for Momwill mean less she can do for herself. Then be grateful and try to deal with the matterfrom that point of view. Try to get her by the indignity of having someone seem to accuse her of either dishonesty or of acting somehow in her own interest when she's takingcare of Mom -- by making it clear that's not what's happening. That's heartfelt and (frankly) worldly yet practical advice.

Do you trust her? Should you trust her? 3/3

I recommend you see a local lawyer. Plan to pay him at least at first to justeducate you, not necessarily to take any actions on your behalf. (Getting lawyers involved can ... well, never mind.) When you see the lawyer, have him explain some terms and concepts you'll need: fiduciary, trustee, executrix, attorney-in-fact, principle, fiduciary duty, andan accounting, will, trust, intestate, probate, court supervision in POA, and anything in this note that I've written.

The gifting program (quite likely not very important in the grand scheme of things) of making gifts each year to each beneficiary is not likely something that your father can set up in any binding way. Unless your Mom is near the end or is certain not to needher 1/2 million, it might not even be a wise thing for her to do, to be giving away thatmoney and maybe she shouldn't do it and therefore your sister shouldn't do it as her attorney-in-fact.

Write me with more details when you get them if you like.

But do find a local lawyer, experienced or at least knowledgeable in this area of law, to explainall this to you. Then try to communicate fully with your sister and stay cooperative with her.

This message is provided to assist you in structuring your thoughtswhen you speak with an attorney about your situation. I am not yourattorney, and you are not my client, so this is not legal advice. Legaladvice can only be given after a careful interview of the client by theattorney, and I have not had the opportunity to understand thesignificant issues that I must understand to render legal advice. Youshould contact an attorney in your state to discuss your situation. Thatattorney can give you the advice that your situation deserves, aftercarefully considering the issues that are legally significant in yoursituation.

Your Sister is Power of Attorney

Your sister is fully accountable for her actions using the Power of Attorney. Moreover, your local probate court can provide guidance about any actions that she may take, or any actions that may be required.