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no it was one of the above answers got me thinking is it not protected those polices i thought it would be inposible to take some one elses money
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My sister is a liar, manipulator and a greedy thief. She has stolen money from our Grandmother and then stole from me through being executor of Grandma's will. She just didn't pay one of the attys and kept the money for herself. The first time she stole Grandma's money was when Grandma made told my sister she wanted her to sign onto my Grandma's bank account in case anything happened to my Grandma.. . then my sister would be able to get the money she needed to help my Grandma with her care. (such as an accident, stroke etc. ) My sister and I are very low income, and my Grandma knew that. So that is why she wanted my sister to be on her bank account. So guess what my sister did?? Not too long later she started taking money out of my Grandma's bank account, via the computer. All she had to do was transfer it to her own account. She took somewhere between 12,000 and 19,000 dollars. There are more things my sister has done that were greedy and underhanded. She is downright creepy. Anyway, now she is executor of my Mom's small estate. I don't want her to have the right to do that, because duhhh, I don't trust her at all. My Mom passed away only a few days ago and my sister is already withholding information from me and being rude. What can I do? I am more than likely in the will. I believe it is still the same as it was when my Mom and Dad told me about it decades ago.. . and that is that my rude, mean, thief sister gets 1/3 of the sale of my Mom's home, I get 1/3 and my stepsister (who never sees or speaks to any of us) but took plenty of money from my Mom when my Mom was alive gets 1/3. Should I get my own attorney? A mediator? Try to get my stop my sister from being executor? Please help
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Our mother passed away but her will stated all monies were to be divided equally among her 4 living children. Sister who never married but always lived at home was executor of will. She was also on mothers bank accounts. She got a lawyer and said all monies were hers since joint account. Now she says she will gift is our part of the estate about 200,000.00 each. Will this be taxable if she gives as a gift rather than from the estate of?
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If the account was held jointly, with rights of survivorship, and held by your mother and your sister who's the executrix, and it passed to your sister on your mother's death, then it would be hers, UNLESS there was contradictory language in the Will.

Is the $800K ($200K for your executrix sister and $200K for each of the other 3 of you)? in this account? Or is it the value of real property?

How it's held and as what kind of an asset makes a different in whether or not it's taxable. And there's also the issue of language in the Will providing that funds be divided 4 ways.

I think you're right to query whether this would be considered a gift or an inheritance, but I think it depends not only on the Will's language but on legal issues which are beyond me.

I do think this is a question for a estate planning attorney, and would turn on whether or not funds held jointly and passed on the successors are to be considered assets of the Estate, or if they passed directly to your sister who as you query is gifting it to you.

I really don't know, but just wanted to support your concern.

Do you have an attorney of your own? If not, perhaps your sister could ask her attorney to issue an opinion for the heirs on the taxability of the funds.
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My mom passed away in july 2014 in which my sister and I was both executor's of her will. We went to the place that the lawyers drawn up there Wills at, the grand kids hers and mine kids was to get the money of the estate. it was to be split up between all 7 kids. BUT not all the money was split up between them our mom had another checking account with 20 grand in it , my sister took the money for herself. My kids didn't get any of it. She also wasn't the POA on the medical part I was when they was in route of coming home on a trip to texas she made and emergency stop in Santa Fe N.M. I had to fax my moms papers records down to the hospital, it stated I was her POA on them , My sister claimed that it was her and that my mom only had one child meaning her. which is not so I was very much involved as well. Then upon the lawyer we had to see on helping us close the estate here in Colorado I used moms account which my name was on it as well to pay all her debts off and closing of the account my sister used the money to get her way with the lawyer meaning the house that my mom left to me she gets half of it. and upon me passing on she gets the house. My kids don't get it and I cant pass it down to any of them. this is going on the 3 year and her estate isn't closed yet What do I do ?
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Ms Kitty - see the answers above, if the account was OD (Payable on Death) to your sister, she legally gets it. Morally, of course this is terrible. And, it does not sound fair about the house - but either you lawyer up, with as good or better of a lawyer as your sister, or you forget it and live with it. You know sometimes they define "lawyer" as a professional whose job it is to protect clients from other members of the same profession. :-)
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mskitty, unless you have a crystal ball, what makes you believe you will die before your sister does? Nobody knows what the future holds. Anything can happen between now and then. Make an offer to buy out her half if that is what you want.
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To Vstefans & Pamstegma ,I know already I been screwed out of a lot by my sister , My lawyer was the lawyer that handled it There was a conflict of interest I used the same lawyers as my parents did in other things, My sister is down right greedy she wants 3/4's of every thing and also 1/2 of mine that I gotten on my own. only 5 ways she could get it 1- if I died, 2- if I don't carry house insurance, 3- if it burns down she will be paid off of what the lawyer said plus she will still get the land the one in town and the one I own out in the country side its was combined together. 4-if I am in a nursing home or handed over to the state in which I live in , or 5- I am convicted of a felony , and believe me she has already tried them on me, we haven't really been family for 55 years and I am 58 now. She has pulled every stunt she could pull off in order to get what mom has left me even thou she got the same amount right next door to me she got two lots and a house as well , as well as I did she is down right greedy and I mean greedy. She has even tried to do me harm . The law slaps her on the wrist and tells her that is a no-no and she is free on it. I tried to buy her off of the place I am in now she don't want to sell it she wants it , the way my mom set it up was she couldn't sell her half with out my half, I cant sell my half with out her half its messed up but that is how she sat it up before she passed away. My mom held prime land in our town and there is a huge price tag on it IF we sell it , but she don't want to split it up she wants it for herself. That's how greedy she has become . I am also and Retired LPN. But I do know I am screwed because of what she has done and is doing and maybe what she will try in the future. And after reading what other's have written on here about what is close to what I am going threw right now with her. And one other thing its gets worse when I was put on disability SSDI she was trying to get my SSDI as well she is in controlling people and what they have. She is down right EVIL person there is nothing good on her at all..
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Done been on family Counseling , even my kids have been there as well , we just got screwed over by another family member who needs to stay on her meds .....
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And even my mother WILL states it clearly in it that ALL Money in her savings, and checking accounts or was to be split up between her grand kids , the great grand kids wasn't mentioned in the will it self just my mothers grand kids which includes my sisters kids and my kids. My sister and I wasn't allowed to have any of the money at all. Its plainly states it. I dug it out the Will and looked at it. So by her keeping the 20 grand for herself she wasn't allowed to have it in the beginning. As I see it she stolen it from our mothers estate , and now I wish I could take her back to court but that takes money and that I don't have.
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And exactly how long does a person have before they have to close the Estate up here in Colorado ? Since my mother passed away in July 2014 I need to find out I hope some one can answer it for me.
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So sorry for you having to fight for even a fraction of what appears should have been yours, no question!! All I can think is try another legal route, maybe someone would take it on contingency or there is a pro bono option. I googled "how long close estate in colorado" and there might be some answers. If it is too late, it is too late, and you have our sympathy, for what that's worth.
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My sister was busy raising her family when my mom began a lengthy and hard illness. I moved from my apartment to her and dad's home to help my dad care for her. He had been showing signs of Alzheimer's, but refused to get it diagnosed and fought me at every turn in attempting to get my mom to the proper doctors. When she passed away, he was in ICU 6 weeks later. He wanted to die because he missed my mom, but he made it and had a lengthy convalescence. After his second wife passed, he was at the moderate to severe stage or Alzheimer's and his stepdaughter and her family were being abusive toward him and taking advantage of his finances. My sister and I helped him move back to his and mom's home and I moved in to care for him. Everyone thought he would die quickly, but because of my health experience and being able to manage his finances and hiring caregivers while I was at work and caring for him from 6p to 8a, he lived an additional 4.5 years. Most of it was good, but there were bad times with his health and numerous hospital runs and stays. Although my sister lived less than 2 hours away, everything was left for me to do. I lost 2 years total of work time caring for my parents as well as giving up my annual and sick leave to care for my dad. I make 20% of what my sister and brother-in-law made during this time. And since their divorce, I make 1/3 of what my sister makes. When dad died, we had a joint account for taking care of the house and to make repairs. I have my own home and mortgage and bills to pay for, but kept dad's house up too. She expected me to do this with my own money. She told me that even though dad put the house to both of us, that I could have the house as I had cared for my parents when she was not willing or able. Now that she is divorced she wants the house sold and wants her share. I have witnesses who are not family who would be willing to testify in court, IF she takes me to court...but the trust says that if one of us contest, then that person is out. I was hospitalized for a long while this past summer and near death. My sister finally came to see me and stayed at dad's house. My neighbors saw both her and her husband loading up his SUV with boxes of stuff. Apparently, she also took the trust book, which I have never kept from her. Now, I cannot do anything as the deed to the house is in the trust, but I have no proof that I am the trustee.
I think that caring for my parents was the right thing to do and that even though I have witnesses who heard my parents say the house would be mine for caring for them, my sister should have some, but not half of the money. She is my beneficiary and will get it all and more when I die and my health is precarious. I think under normal circumstances she would generally agree to let me do what I plan to do with the house, but she has a gambling and legal prescription problem and will not admit it or accept help. I am to the point where I don't care if she gets the entire house. It's an albatross around my neck. I pay the taxes and insurance, but my relationship with her for these last few years is more important. I just wish she would help me with the bills. I don't know what the right answer is...my heart says one thing...my head another. I am sorry you are going through such times with your sibling when you are both orphans and alone except for your spouse and kids. You are lucky that you have a family of your own. And your husband should keep out of it. It isn't about him. My sister's husband constantly stuck his nose in hers and my differences and it only made for hard feelings and longer times to get over our issues.
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The point is not what you or your siblings/relatives or anyone else for that matter thinks you should get. The point is what did the official will say that was presented to probate court. In addition - how were bank accounts, securities, real property or personal property titled. Even if the will says I want my money to go to such and such but the bank account etc. is actually titled in someone else's name - well that is where it's going. The only thing someone can do is to contest the action and let a judge decide - in most cases he is going to go with the how the asset was titled. If titled in parent name only - then it will be distributed as per will; if titled in parent and a child or sibling with no mention of other heirs - then the sibling on the title/deed is the new owner. When selecting an executor - we have to make sure we choose someone we know will stand up for what is stated on the documents executed by loved ones. It wasn't our decision nor our money - it was theirs and you have to abide by that decision. If you cared for your relative and you are concerned about recovery of money lost in income etc while you cared for them - address it up front with parent, etc. This isn't being greedy if done in the correct way - the rest of your life will be affected by the loss of the income you give up to care for a loved one for what can be years and years. If you are the executor or another heir - make sure a final accounting is done of the estate along with a copy of the will. This is part of your fiduciary responsibility and can prevent a lot of speculation in the future and hard feeling. Now - after distribution is made from the estate to the heirs as per the will, there isn't anything to prevent the beneficiaries from giving up part or all of their money to another individual or charity for that matter. We have to go by the will or titled assets - you may wonder why your parent, etc. did what they did. Sometimes you know and sometimes you don't. Many times, they just never got around to making a will period or never made the changes they wanted to; however, legally you can't decide what you think is right or should be right.....you have to go by the legal situation as presented.
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I actually do not have an answer for this. I believe that family she be honest and truthful. Open communication is important.

I actually have my own situation. My sister designated herself as the power of attorney 2014 after my mother's stroke do to complications to a planned procedure. That decision was never discussed between my brother and I but, nevertheless she's the oldest sibling, 40 years old at the time, un-employed with kidney disease, lives with my mother and without a family of her own. During the last 3 years my sister has been the primary care giver for my mother. Under her condition she has done a good job. During the time of my Mother's rehab, I was with her everyday coaching her to improved health. Her health took a down turn with several smaller strokes and it became apparent the my Mom plateau to a new health standard. My sister assumed the responsibility to bring our Mother home to care for her. My brother and I expressed our concerns but did not object as I assumed her love and care would be more pleasant than in a facility. Truth is, she needed my mother to come home to care for her as she would not be able to financially survive without her. I visited every weekend and we spent all holidays at my home to enjoy our Mother.

Fast forward to more resent times. My sister has been pushing out a bad public image of my brother and I as though we are putting on a show for witnesses. Needless to say the truth always comes out. She, as the power of attorney converted our Mother's Deferred Comp ( 401k) into an IRA account, has taken out $10K upon doing so and named herself 100% beneficiary to the account. After that, she has been bleeding the account to where half of the initial money is left in there. She has taken out $24k last year along with $14k being taken out in just October. The sad news is that our Mother suffered another major stroke that ultimately took her life in in-home hospice care where all three of us provided care around the clock.

After her death, my sister said that she had "no money" to bury our Mother. I did what I had to do and covered the necessary expenses to be paid back when the business aspects are in order so we all may give our Mother a dignified funeral.

Now is when many truths are coming to light! My sister never said when she changed over our Mother's account and DEFINITELY left out the part where she named herself the sole beneficiary. My sister inherited the all of the real estate (her name is on the property) where she lived with my mother and she is contently lying about how much money she has taken out of the IRA account, the cost of the mortgage ( she doubled the price) and whether or not our Mother has any bank accounts and the amount of money in them. In flat, I'm a disgusted about my sister's deceit. She has abused her power of attorney in which the abuse has all of the elements. She loved our Mother and us as well but, she is manipulative, spiteful and deceitful. Not only would our Mother not want for our sister to write us out of benefiting from her 401k but furthermore, she had several strokes which negatively affected her cognition. Our Mother knew the gravity of the medical procedure she was going to have and DID have her business affairs in order. This is why the action and timing is inconsistent

I say all of this to say, I love my sister and would not want anything bad to happen to her. With that said, she committed fraud in which she didn't care about my brother and nor our children! How, if any way is there a way to remedy this without my sister getting in trouble?
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Number 1, your sister couldn't designate herself POA. Power of Attorney could only be created by your mother, appointing your sister. If your mother was incapacitated at the time then it is hard to see how this POA was created; but if you checked and the POA was properly drawn up then they must have found a way.

2, the only way to remedy what has gone on without getting your sister into trouble is to rewind to 2014 and share the caregiving burden and the administration of finances. So, what do you want your sister to do now to remedy the situation herself? It boils down, really, to telling her your price for silence. But I don't think that's quite what you meant, is it.
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It's "nice" that you do not want your sister to get in any trouble, but, I think she broke all the rules - both legally and form the standpoint of common decency - and walked all over your "niceness." You don't have to call the cops on her but maybe you should get an attorney and have them do a family meeting with a little confrontation to encourage greedy, abusive Sis to do the right thing. Quit being too nice for your own good, if not for your own good, then at least so your Mom's wishes can be given some respect.
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My sister is the executor of my mothers estate, but my mother after she had a stroke, was taken down to the bank by my sister and was made to put her on my mothers bank account. I gave my mother a large amount of money to retire on plus my check was going into her acct for 10 years. now has hired this lawyer rated 1 star, and I know why, he's underhanded sneak. anyway he called me an said that I have no rights to the money in the bank since it rolled over to my sister. she was never on the acct until months before she had her second stroke. this lawyer she hired has done nothing for me, she told the hospital that she was an only child. that says what she's about. don't know what to do at this point. nothing she has done is on the up/up. I was told by her attorney that she does not have to produce a detailed inventory of all my mothers household items. really? she went into the house with out me there as to witness whats in the house she had her friends in house going through all her things.
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What a pity you weren't on hand doing the everyday work of caring for somebody who's had a stroke. Then you could have seen for yourself how important it is to be able to pay the person's bills and buy supplies through her own bank account; and you would know first hand what those bills amounted to and how much was left over at the end of each month; and you could even have clarified the family tree for the hospital. And made a detailed inventory of the household goods while you were at it.

What are you expecting? Do you want your money back? How much of what you kindly contributed to your mother's later years do you calculate was not spent directly on her upkeep and welfare?
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