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Power of Attorney
What can I do about my sisters misusing power of attorney and draining my father's estate?

What can I do about my sisters misusing power of attorney and draining my father's estate?

Q: Who should get the most inheritance from a deceased?

Typically, the deceased's spouse and children are prioritized in inheritance distribution. However, the specific distribution depends on the deceased's will and state laws. If there is no will, state intestacy laws will dictate who inherits and in what proportions, often favoring immediate family members.

Q: What happens to an inheritance if a beneficiary has died?

If a beneficiary dies before receiving their inheritance, their share generally passes to their heirs or beneficiaries, as specified in their will. If they had no will, state intestacy laws will apply. It's essential to review both the deceased's will and the beneficiary's will to determine the final distribution.

Q: Who is next in line if the beneficiary dies?

If a beneficiary dies, the next in line to inherit usually depends on the terms of the deceased beneficiary's will or state intestacy laws if there is no will. Typically, the deceased beneficiary's heirs or descendants would inherit their share. Consulting with an attorney can clarify the specific situation.

Q: What happens if a beneficiary dies during probate?

If a beneficiary dies during probate, their share of the estate will typically go to their heirs or beneficiaries, as outlined in their own will. If they do not have a will, state intestacy laws will determine the distribution. It's crucial to consult with an attorney to navigate the complexities of probate in such cases.

Full question:

My 2 sisters and I are all beneficiaries to my fathers estate, who passed away 1yr ago. It was not until after he died I found out they took him to another attorney and had him make them Power of attorneys, I also found out after his death, they took him to a bank, and had him take a loan against his house that had no mortgage, for $100,000, he was 86, it was a 30 year loan no co -signers ( they lived and still do live in his house along with 1 of their husbands) never payed any bills, my father payed everything, and yes they all work, they would write ck from his checking account and have him sign them, I always thought they helped pay the bills, They want to buy my share of the house out but their lawyer and them tell me I am responsible for 1 3rd of the loan because it was my fathers loan, and they fixed up the house with it, they also drained his entire bank account. about $200,000..by the way my father was dignosed with moderate dementia before they did any of this... Help what can I do? By the way, the lawyer they took him to to get them to be Power of attorney is now their lawyer. Help I have a lawyer, I just want to see what action you would take...not only the loan, but what else I can do ?

Category: Power of Attorney
Date: 04/07/2025
State: Connecticut

Answer:

A power of attorney (POA) allows someone to make decisions on behalf of another person, known as the principal. The agent must act in the principal's best interest and cannot misuse their authority. If your father had moderate dementia when he signed the POA, it raises questions about its validity. Agents have a fiduciary duty to manage the principal's affairs responsibly, which includes keeping separate records and not profiting from the principal's assets.

Since your sisters may have breached their fiduciary duties, you might consider several legal actions. Possible remedies include:

Petitioning for an accounting of your father's finances.
Claiming breach of fiduciary duty against your sisters.
Filing charges for theft or fraud if applicable.

It's crucial to work closely with your attorney to explore these options. They can guide you on the best course of action based on the specific circumstances of your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if one of the heirs dies?

If one of the heirs dies before the estate is settled, their share typically passes to their heirs or beneficiaries, depending on state laws and the deceased's will. If there is no will, the state's intestacy laws will dictate how the deceased heir's share is distributed. It's important to review the will and consult with an attorney to understand the implications for the estate.

What happens when a beneficiary of an estate dies?

When a beneficiary of an estate dies before the estate is distributed, their inheritance usually goes to their heirs or beneficiaries, as outlined in their will. If they had no will, state intestacy laws will determine how their share is distributed. This can affect the overall distribution of the estate, so it's advisable to consult with a legal professional.