Dear Moneyist, My niece took $60,000 of my late father’s money after she got power while he was on morphine. He died two weeks later. My sister’s name was on his bank account and she took money out of the bank. My nephew’s wife was administering the morphine to him, apparently giving him too much so much that they couldn’t take him to the doctor, so she took him to the bank instead. I know nothing is black and white, but I can’t let them get away with this because he was my dad and they have no right to his money. What’s more, my sister already has money, owns her own business. She is, in my opinion, money hungry and is now spending the money frivolously. I actually need the money. I just can’t sit around and let her think that I’m not going to do nothing about it.
Don’t miss: My parents gave my sister $75,000 for her student debt, should I ask for $75,000?
[1] I live in California. He died three months ago and we were never close, but that doesn’t mean I don’t deserve what he had left. My father didn’t do anything for me while he was alive, so this is one way he can make amends for that. If there’s any way you could point me in a direction where I could challenge what they’ve done with my father’s bank account, I would appreciate that. Cheated daughter Dear Daughter, You don’t mention if your father had a will or not. If he did not have a will when he died, you are certainly entitled — by law — to your share of his estate. In California, if your father had no living spouse, his living children would inherit everything. If you have just one sibling, that would mean splitting his estate 50/50. In this case, a lawyer would likely work with you on a contingency basis, agreeing to a percentage of what he or she helps you get back in court. I’m not going to get into who did what when your father was alive or how you know that he had $60,000 in his bank account. Frankly, that’s none of my business. I just want you to know your rights and doing nothing is a bad option. If he did leave a will and he was not of sound mind and he was being administered morphine illegally, you may even have a criminal case that goes beyond probate. First off, contact the bank in question with your concerns. Then find a lawyer. Also see: His wife surprised him with $220,000 in student loans — here’s how they tackled $480,000 in debt
[2] An executor is simply someone who is tasked with carrying out your parents’ wishes. A power of attorney, on the other hand, can either take...
Read more from our friends at MarketWatch