Legal Question in Wills and Trusts in Alabama

sisters that won't adhere to parents will

I keep getting calls from sisters that say that our parents had big money in the bank or had it hid at home . They won't take my word for it that our mother spent the money to pay for Dads furneral and her own. They want me to go back and get receipts from 5 - 6 years back to show proof. All I want is to get my life back on track since Mother passed away. I was left the estate. All I get is grief from them .This was my parents decision. How can I get them to leave me alone about this???. I call it harrasment. Its all about the money which is not there....


Asked on 3/06/07, 10:35 am

2 Answers from Attorneys

William Nolan Nolan Elder Law LLC

Re: sisters that won't adhere to parents will

Chip's comments are right and I might add that any heir can force the Executor of an estate to give an accounting but if they don't do so by the time the estate is closed, they have lost their rights. If there was never a probate process, they can continue to nag you. Repost with dates of death so we can give you a better answer.

Bill Nolan

www.NolanElderLaw.com

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Answered on 3/06/07, 1:47 pm
Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: sisters that won't adhere to parents will

Sorry for you loss and regret the hostility your sisters are directing toward you, apparently out of their lack of respect for you and more importantly, their parents' wishes, etc.

You say you were "left the estate" but you also state there was simply no moneys or other assets left -- all spent on their care and funerals.

Were you Power of Attorney for your parents prior to their deaths? if yes, then an "interested person" in the estate does have a right to inquire as to the handling of their parents' finances.

Were you also listed as an additional joint owner on Mom and Dad's bank accounts, CDs etc.? if so, then any funds in those accounts, assuming there had been moneys left, would automatically pass to you as your property (that is assuming you were not simply added to the account to write checks for your parents, but were intended to receive anything that happened to be left). The latter sounds to be the case in that you say you were left their estate.

i would suggest you send each of your siblings a certified mail letter (such that they have to sign to get that letter, and you get a return receipt proving they got your letter) affirming that all the assets were either spent down to care for their parents, etc., or were otherwise directed to pass to you for your caregiving upon their deaths, assuming any was left. Let them know you have nothing to hide, as there is nothing to hide. If they wish to look through all the old bank records, you have no objections, but they will have to pay the bank charges to gather and collect all those old bank statements.

This might convince them of your sincerity and honesty. You will be in our prayers over this and for your family and good luck. have a blessed week, Chip

PS if that letter does not stop this trouble, then you might need to consult a local attorney and ask that the attorney write them a final letter to cease their harassment.

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Answered on 3/06/07, 11:05 am


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