My sister has stolen my inheritance

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Latest post 04-30-2009 5:37 PM by LynnM. 2 replies.
  • 04-30-2009 4:23 PM

    My sister has stolen my inheritance

    When my mother was alive she told me she had a will that split everything she had in half between my sister and myself.  My sister being the executor of the estate now tells me there never was a will and there is nothing to inherit.  My mother was receiving a alimony from her ex-husband right up to the time she went into a nursing home.  In order that this alimony was not detected the checks were all sent to my sister and cashed by her.  My mother was on disability which paid for all of her living expenses.  My question is where is that money?  It just doesn't make since that there wouldn't be any money after my mother telling me she had $20,00 in the freezer at the same time she told me about her will.  She also had a lot of antiques my sister sold with out any accounting to me what so ever.  She claimed the funeral was expensive but all she arranged was a grave side service even though my mother was known and loved.

    My question is there a way to track the alimony she recieved since it went through the court system?  My sister also kept a registered diamond my mother gave to me.  With our even asking or telling me she melted down the ring and used the diamond.  She had already told me she would get it to me.  I have confronted her and she hasn't changed her story.  She has told me that her house will be paid off in the next year.  She had told me another time they had a 30 year morgage just like we do.  Her lies are catching up with her.

    Is this something that can be done?  Is there a time limit as to how long I have to deal with it?  How much money could it cost to investigate so I  can at least prove what I'm saying?

     

      

  • 04-30-2009 5:30 PM In reply to

    Re: My sister has stolen my inheritance

    VA sibling:
    When my mother was alive she told me she had a will that split everything she had in half between my sister and myself.

    So why didn't you ask for a copy right then?

    VA sibling:
    My sister being the executor of the estate now tells me there never was a will and there is nothing to inherit.
    How did she become executor if there was no will? She couldn't legally perform any duties of an executor or administrator without getting her court papers. I suggest you contact the probate court and see if a probate file has been opened.

    If not, then you have the option of opening probate under the state's laws of intestacy and asking to be appointed administrator. That'll give you some clout over your sister and you'd have the power of the court behind you.

    VA sibling:
    My mother was receiving a alimony from her ex-husband right up to the time she went into a nursing home. In order that this alimony was not detected the checks were all sent to my sister and cashed by her.
    How does that come about. Did your mother's ex write checks to your sister? Or did your mother give your sister power of attorney to cash the checks? Either way, it would seem like your mother was in on the deal.
    VA sibling:
    My mother was on disability which paid for all of her living expenses. My question is where is that money?

    You just said it paid for all her living expenses. A nursing home isn't free. Could cost several thousand per month and eat up the alimony and disability money pretty quick.

    VA sibling:
    It just doesn't make since that there wouldn't be any money after my mother telling me she had $20,00 in the freezer at the same time she told me about her will.

    Did you see the money? Can you prove it ever existed? And even if you could, money like that is not static. It gets used. Besides, with no proof of its existence, whoever got it, got it.

    VA sibling:
    She also had a lot of antiques my sister sold with out any accounting to me what so ever.

    Before or after your mother's death?

    VA sibling:
    She claimed the funeral was expensive but all she arranged was a grave side service even though my mother was known and loved.

    Funerals ARE expensive. My mother's funeral in 2007 cost over $6000 and all we had was a graveside service.

    VA sibling:
    My question is there a way to track the alimony she recieved since it went through the court system?

    Depends on what you mean by "went through the court system". If the court collected the money from the ex and then issued the checks, the court would have a record. But what good would that do you? You already know the alimony was paid and the checks were cashed. The court won't be able to tell you how the money was used.

    VA sibling:
    My sister also kept a registered diamond my mother gave to me. With our even asking or telling me she melted down the ring and used the diamond. She had already told me she would get it to me. I have confronted her and she hasn't changed her story.

    If your mother "gave" it to you, why didn't you have it in your possession?

    VA sibling:
    She has told me that her house will be paid off in the next year. She had told me another time they had a 30 year morgage just like we do. Her lies are catching up with her.
    Why is that a lie? She could be in the 29th year of a 30 year mortgage.
    VA sibling:
    Is this something that can be done? Is there a time limit as to how long I have to deal with it? How much money could it cost to investigate so I can at least prove what I'm saying?

    Your best bet at this point is to consult a probate attorney and review your options.

     

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  • 04-30-2009 5:37 PM In reply to

    Re: My sister has stolen my inheritance

    Sure. You can go to probate court and ask for an accounting. If she died without a will the estate should have been split and she will have to account for all the assets.

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