embezzlement
My father passed away in January of 2009. My mother passed away July of 2005. My father became depressed after the passing of my mother and showed signs of dementia. My father had a home and approximately $400,000.00 cash assets when my sister whom had been estranged form our parents for 10 years came back into our lives and had my father declared incompetent in August of 2006 and became his temporary guardian. In September of 2006 a court declared him to be competent again. By that time my sister had moved dad into her home. She Acquired his home in November of 2006, mortgaged his/her home in March of 2007 for $64,000.00 and had a poa drawn up 8 days after he was found to be competent.
During the 2 1/2 years that she cared for my father in her home, she kept him away from us. Hopped from one doctor to another. Used her poa to keep us from seeing him in the hospital. Kept changing hospitals so we wouldn't find out he was in the hospital. Prior to my sister taking control of his care my father was a good health except for his memory loss. I know of at least 5 hospital stays and once she had him in a health care facility for 8 days before removing him again.
My parents had a will that was drawn up in 1992. There are seven children and their will stated that everything was to be sold and devided evenly between us. I am the executrice on their wills, but I have been told that he made a new will. Should I probate my will since a new will has not surfaced? If she had his money put in her name as she did his home , is this embezzlement?
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