My sister is promoting our mom’s stuff and claims that she died with out a will

Expensive Moneyist,

My mom handed away in Might 2019.

I final noticed my mom on Memorial Day Weekend. My sisters fought about how the workers on the hospice was caring for my mom. My mom was left in a comatose state. I used to be referred to as to my mom’s bedside from Arizona on the Friday earlier than she died.

My mom was in unhealthy form. She had Continual Obstructive Pulmonary Illness after residing for 3 years with my oldest sister in a grimy home and horrible circumstances. She was left alone incessantly. My sister was laid off from work and claimed it was due to our mom.

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Just a few days later, my older sister contacted me to say that our mother’s needs have been to be cremated and her ashes be distributed off the California coast. California legislation requires a allow that claims ashes must be scattered at the least three miles off the coast line. My sister stated we needed to pay for it!

I requested my sister if there was a will. She gave a brutal response in a threatening voice mail: “No will! No cash!” She stated that our mom had informed her that there could be no inheritance for me. Nevertheless, I understood my mom had made a will when she lived in Texas.

My sister is promoting all of my mom’s belongings within the absence of a will. My oldest sister informed my youthful sister that our mom gave every part to her and that she wouldn’t have to fret about cash each once more. I don’t imagine her. How ought to I proceed?


Expensive Distraught,

It’s time to struggle ire with ire. Or hearth with hearth. Both method, take motion.

An individual usually turns into energy of lawyer when an individual is alive. However that duty ends when the person who wants assist dies. If there was a will, your sister could be executor of your mom’s will and there must be proof that you simply have been reduce out of the need. With out one, she is administrator of your mom’s property.

Your mom can’t reduce you out of a will that doesn’t exist. Even when a will did exist, your mom must explicitly disinherit you to keep away from the need being challenged; in any other case, you would argue in court docket that your mom merely omitted to say you. What’s extra, your mom would additionally should be of sound thoughts.

Should you imagine your sister is both incompetent or dishonest or each — it seems to be the case that she is each — file a petition with the probate court docket to say your sister shouldn’t be distributing the property of your mom’s property. Your sister shouldn’t be permitted beneath the legislation to promote your mom’s belongings or, certainly, plunder her checking account(s).

Additionally see: My sister informed our father to alter his will earlier than he died, then compelled my mom to signal over energy of lawyer

Is there a will? Your mom could have filed a will within the probate court docket within the county in Texas the place your mom lived. It’s essential to contact the probate court docket and the court docket clerk’s workplace together with her and the date she died to see if there was a will that was filed in Texas or California. Generally, this may be finished on-line. The court docket should then rule whether or not the need is legitimate.

You might also wish to contact a household lawyer or monetary adviser, who ought to have data on life insurance coverage, deeds of your mom’s residence (if she owned one) and any retirement accounts. There must be data on her outdated financial institution accounts that would assist. A coverage locator service is also helpful for insurance policies made after 1996.

I’m sorry that your mom was residing in squalid circumstances earlier than she died. It’s tough to know whether or not your sister was incapable of caring for herself and/or your mom, or whether or not she acted out of malice or neglect. I can solely converse to the legislation in California. All three sisters are authorized heirs and your mom’s property must be distributed equally.

You may counter your sister’s doubtful strikes with far simpler authorized ones.

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