Wills and estates

[doggirl7]

My sister is the executor of my mother estate and had power of attorney whle she was alive. She moved my mother to an assisted livng facility and then she and 4 of my siblings took everything from her apartment--silver furniture,jewlery,china ,etc. My other two siblings and I got nothing. Now she claims that she could do whatever she wanted as she had power of attorney. My mother's will stipulated that everything was to be divided equally to all seven of us. She is claiming jewlery was lost and and some things are in storage but she doesn't know what is in there. Can she get away with this? Doesn't she have to account for what was there and distribute it equally?My other brother and I don't know what to do.

 

[dee_dub]

Now she claims that she could do whatever she wanted as she had power of attorney.

She is incorrect. Power of attorney does not give one the right to be uppity. She still needed to act in your mother's best interests.

She is claiming jewlery was lost and and some things are in storage but she doesn't know what is in there. Can she get away with this? Doesn't she have to account for what was there and distribute it equally?

Yes, she has on obligation to account for the estate and distribute it equally amongst the siblings. However, if things were lost despite her taking due care to try to ensure things didn't get lost, then you really have no claim against her. I suspect you feel that these things weren't lost but were in fact appropriated by her. You might have difficulty showing that in court. Have you talked with the other siblings who were there for the move about what happened and where things went?

I suggest you consult with a local estates lawyer.