what can i do if i think my mothers power of attorney is stealing from the estate

Can someone steal your inheritance?

How do you fight inheritance theft?

What is inheritance theft?

What happens if power of attorney steals money UK?

How do you deal with greedy siblings?

What happens if a beneficiary does not claim their inheritance?

Can a beneficiary override an executor?

Can an executor withhold money from a beneficiary?

How do you stop family fights over inheritance?

What happens if a power of attorney abuses their power?

Can you financially abuse someone if you have lasting power of attorney?

What happens when a power of attorney steals?

April 19, 201

Do you suspect that a power of attorney is either mismanaging money or stealing money?

A Power of attorney is stealing money, what can I do?

Do you suspect that a power of attorney is either mismanaging money or stealing money?

What is a power of attorney?

A power of attorney is a written document that gives an agent the legal authority to act for the principal who establishes the power of attorney. This designation is for financial purposes, such as opening a bank account, writing checks, implementing new investments and conducting financial transactions. A power of attorney can give someone the ...

What is the legal claim of an agent who lied?

In some cases, the legal claim may be that the agent lied about circumstances which caused him or her to take action or have the agent take action on his or her behalf that was adverse to his or her interests.

What is legal authority?

This legal authority can be an important planning mechanism that allows someone to make financial decisions and conduct financial transactions in the event that the principal cannot do so for himself or herself whether temporarily or permanently.

Is elder abuse a felony?

Elder Abuse. Several states have laws related to elder abuse. In some cases, the state includes taking financial advantage of a vulnerable elder in the statute. These may be criminal or civil laws with varying degrees of penalties, sometimes resulting in the possibility of charging a felony against the abuser.

Why is it important to act quickly?

It is often important for the individual to act quickly in order to preserve his or her rights and mitigate the potential financial consequences.

What can an agent do with a power of attorney?

Once an agent has been given authority, he or she can sell property; access and use money in the accounts of the person who created the power of attorney; and otherwise act on behalf of the person who created the power of attorney. This could include entering into contracts or business relationships.

What is a power of attorney in Oklahoma?

Oklahoma has a statutory form which can be used to create a power of attorney. When a legally valid power of attorney is created using this form or other appropriate legal documents, the power of attorney vests tremendous power in an agent who is chosen when the power of attorney is created. Depending upon how the power of attorney was created, the agent may get immediate authority to manage all of a person’s financial affairs; may get immediate but more limited authority; or may get delayed authority with a springing power of attorney.

My sibling is stealing from the estate or family trust, can I get my share of the assets back?

The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days.

What do I do when my sibling steals my inheritance?

It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust.

What is the penalty for my sibling stealing from the estate? Will they go to jail?

Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate.

How should you feel when a sibling steals your inheritance?

It’s natural to feel angry, disappointed, scared, and hurt. Any number of feelings. Just remember, regardless of what your brother or sister did, you have the ability to control the response.

How can I get over my sibling stealing my inheritance?

It takes time to get past the emotions of a sibling stealing your inheritance. At RMO, we often counsel clients on more than just the facts of their case.

When do I need a trust litigation attorney?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.

Do I need a trust litigation attorney near me?

We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles.

What do I do if I suspect my brother or sister has somehow stolen my inheritance?

This is a growing problem. Before the repeal of Indiana Inheritance Tax, joint accounts were frozen at death. A release from the Indiana Inheritance Tax Office was necessary for release of the accounts. This usually required an attorney and people were made aware of their rights and obligations under the law.

How we assist in helping clients in inheritance matters

We can assist in finding these assets through tax returns, bank records, and real estate records. If mom or dad was ill, of diminished mental capacity, or dependent upon the local child, we may be able to recover these assets for the benefit of all siblings. There are legal and practical time limitations, so you should contact us immediately.

Act immediately – Will contest actions must be filed quickly to preserve rights

A Will Contest must be filed within three months after the date of the Order admitting the Will to probate by filing an affidavit in the Court alleging (1) unsoundness of mind of the testator, (2) that the Will was executed under duress or was obtained by fraud, (3) the undue (improper) execution of the Will, or (4) any other valid objection to the Will’s validity or the probate of the Will..

Can an executor steal from an estate?

Before explaining the ways an Executor, Trustee, or even a Beneficiary can steal from an estate and the penalty of the ft, let’s go over the full breadth of the Administration process to see where things can go wrong. Many inheritance theft cases involve theft from the estate before inventory. The executor confiscates or fails to report certain ...

How long can an executor serve in prison for inheritance theft?

The court can order the executor or Trustee to return all stolen assets and pay damages to the beneficiaries. If felony or criminal charges are brought up against them, the Executor/Trustee can serve up to 25 years in prison. A trust attorney can help in gathering and assessing evidence, identifying damages, and representation in court.

What happens when a grantor dies?

When the Grantor dies, some family members feel they are entitled to the estate, and they rummage throughout the house looking for jewelry, hidden money, antiques, and on-and-on. Please take note, family stealing from an estate happens very secretly and only is found out when the will or Trust calls them out for the inventory.

What is the fiduciary duty of an executor?

As an Executor or Trustee, one fiduciary duty is to protect from the theft of estate assets. Therefore, you may have to obtain a court order from the probate judge to have missing items returned from a sibling stealing from the Trust. If you have sufficient documentation or testimony, and the assets have not been returned, ...