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Lawyer appointment - successful
Kay82
Posted: Tuesday, January 24, 2023 11:54 AM
Joined: 10/2/2022
Posts: 56


I met with a lawyer this morning regarding my sister's mismanagement of our mother's money.  She is guilty of embezzlement and conversion. The remedy has to occur in stages.  First the lawyer is going to send her a letter and suggest a payment plan,  if she resists then we move in another direction.  Also we, the other beneficiaries, must approach her to resign as trustee & personal representative (executor). If she refuses then there is another direction to go in. The lawyer advised we do not want to have to take her to court to take these powers away as it is a very costly process.
M1
Posted: Tuesday, January 24, 2023 12:34 PM
Joined: 8/22/2020
Posts: 3175


Glad you are encouraged.  Very difficult.  I'd get yourself prepared that you may well have to have it get ugly before it gets better.
Ed1937
Posted: Tuesday, January 24, 2023 1:00 PM
Joined: 4/2/2018
Posts: 7010


I'm glad you are feeling a little better, but sorry you have such a disappointment to deal with.
Kay82
Posted: Tuesday, January 24, 2023 3:51 PM
Joined: 10/2/2022
Posts: 56


When my brother, who is now the financial POA, confronted my sister about signing off the bank account she did it promptly.  I told the lawyer I was surprised, she said most likely my sister was embarrassed b/c she had been caught.
ZackFootInMouth
Posted: Wednesday, January 25, 2023 6:04 PM
Joined: 8/5/2022
Posts: 49


Kay82 wrote:
I met with a lawyer this morning regarding my sister's mismanagement of our mother's money.  She is guilty of embezzlement and conversion. The remedy has to occur in stages.  First the lawyer is going to send her a letter and suggest a payment plan,  if she resists then we move in another direction.  Also we, the other beneficiaries, must approach her to resign as trustee & personal representative (executor). If she refuses then there is another direction to go in. The lawyer advised we do not want to have to take her to court to take these powers away as it is a very costly process.

Pardon me for asking, but how did she get trustee and executor status?     


jfkoc
Posted: Thursday, January 26, 2023 11:01 AM
Joined: 12/4/2011
Posts: 21244


Zack, I can tell you that my sister was deemed trustworthy until we found out she was stealing money. You just do not know until it is found out.
Kay82
Posted: Friday, January 27, 2023 3:49 PM
Joined: 10/2/2022
Posts: 56


The executor & trustee positions were given to my sister over 10 years ago.  Unfortunately my parents felt it best to give the responsibility to the oldest, though it has proven to be a mistake.
ZackFootInMouth
Posted: Saturday, January 28, 2023 4:55 PM
Joined: 8/5/2022
Posts: 49


jfkoc wrote:
Zack, I can tell you that my sister was deemed trustworthy until we found out she was stealing money. You just do not know until it is found out.
I'm sorry, but that is incredibly frightening.

Kay82
Posted: Monday, January 30, 2023 8:44 PM
Joined: 10/2/2022
Posts: 56


UPDATE to visit with lawyer.

My lawyer informed me today she mailed a letter to my sister. Attached to her email was the letter my sister will be receiving.  The lawyer was direct and to the point, she said my sister should make a payment arrangement to pay back the money and she should resign from Personal Representative (executor) and as trustee.  She said if this had to go to court the amount to be paid back could be 3 times the amount taken. 

I am thinking my sister will receive the letter in 2 days. I am not sure what to expect will happen after she reads it.

It occurred to me that my sister won't be able to vent to anyone about this. 


Victoria2020
Posted: Tuesday, January 31, 2023 5:26 AM
Joined: 9/21/2017
Posts: 1709


Kay82 wrote:

It occurred to me that my sister won't be able to vent to anyone about this. 

There's always her conscience. [One can hope].
mommyandme (m&m)
Posted: Tuesday, January 31, 2023 1:33 PM
Joined: 2/16/2020
Posts: 914


Kay82,

You may be her venting platform… yikes. 


 
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