POA stole all the money leaving siblings in dire predicament. What suggestions or advice can I give to the siblings?

The way Im reading this and I have miss read/understood in the past, the siblings you refer to are all his children (siblings of the POA) not your siblings and they are the ones inheriting. You, his brother generously agreed to be the executor of his estate presumably because he knew you would watch over all of his children and in the hopes it would help avoid just the kind of turmoil you have? Not that it makes a huge diffrence legally or procedurally speaking but perception wise...their might be some confusion here.

While it doesn’t really answer your question I am curious, if the family home was left to two of the siblings (neither of which were the POA) were the rental properties to be left to this daughter, who was POA? I ask because if that’s the case her actions could be looked at a little differently, though not excused. There was some reason he chose to make her POA and trusted her with all of his financial affairs. You don’t say there are huge bills left unpaid, like the facility he was living in so that’s good. Did she move into his home after he passed or prior, that may or may not make a difference legally but if it’s been her home for a long time that does put the way you move her out into a different light.

Ultamatley wether the estate has been finalized or not it sounds like this home is either the property of his estate (managed by you) or the sole property of two of his children and the daughter now living in it has no actual claim to the property. I would think it in everyone’s, including hers, best interest to move her out ASAP she is technically a squatter. Maybe that will take more effort and time if it has been her residence for 5, 10 + years, I’m not sure but I would start by presenting the dilemma of a squatter with no ownership or lease who won’t leave, it might be the same as moving a non paying roommate or mate mate out when things go awry or perhaps someone you let stay on your couch while they found another place who never left. Who’s paying the utility bills?

I would try to remove the emotions of a family member with an addiction from the equation and try to react the way you (or they) might with that drifter friend who won’t leave and research from there. I think the advice not to even bring up in any legal type dealings the fact that she was POA and stole money, stay on the high road there and stick to the current facts.

Good luck, you are being a good brother and uncle trying to navigate all of this for your family, your brother chose well on executor.

I am in a situation of being POA for my elderly mother. My oldest brother moved in on she and my step dad after he conned her (she has dementia) into buying him a fifth wheel in which he hooked up to their utilities and has now run off my 84 year old step dad by manipulating my mother. (I live in another state) he has been draining her account by getting her to write him daily checks.

I have reported him for elder abuse 4 times (they only go talk to her or him) never talked to eye witnesses that he has drugged her, sold off her possessions etc. I have called the law repeatedly and they say they can't do anything to him. This is the state of Arkansas. They told me the prosecutor says someone needs guardianship to remove my brother. I obtained a letter from her doctor in order to get my step dad and emergency hearing to be her guardian. The letter states she can't make decisions because she is a harm to herself, she is mentally incompetent due to progressive dementia. I have been working with my step dads attorney as has my sister to back our step dad for guardianship. My brother has criminal record and has been on drugs since 16. He hasn't worked most of his life (he is 63) he got my mom to write a 4000 check and traded my step dads tractor for him a new truck. And the law says they can't do anything because the prosecutor won't prosecute. Because they talked to my mom (who has documented dementia) and she says its okay that he did that. The sheriff hands are tied due to the prosecutor saying he won't prosecute.

My dad left a 100,000 life insurance when he died. It was in an account with my moms name and mine to be kept for us three kids when she passed. She gave a total of 60,000 out of that to my brother. I was advised to move that money so he didn't get it all as POA. So I did. It is just sitting. But I am certain he will try to get to it through my mom.

She has funds in her checking but he is rapidly draining it and her health insurance comes out of that and she has a pain pump installed in her body and if he drains the account, her insurance will not be paid and she can't get her pain pump filled. Its such a mess. I have never seen a county that a prosecutor won't help to protect a senior at risk.

My step dads attorney filed papers for emergency guardianship and that county would no accept e-filing but snail mail and it could be another 2 weeks for EMERGENCY hearing. My step dad needs back in that house but my brother has it where he can't right now. As my brother took my step dads extra credit card and ran up 3100.00 in charges and my step dad confronted him about that and selling his tractor. My brother provoked my 84 year old step dad and he hit him so my brother had him arrested and now my step dad can't go on property that he owns. Isnt the law crazy?

Meanwhile, I am protecting what is left of my dads life insurance and I will not let my brother get the rest of that. There are witnesses that adult protective services would not talk to that have first hand knowledge of my brother drugging my mother. It disgusts me what that county fails to do to protect at risk seniors.

Since the two siblings have title to the residence they should be able to have access to it and the property right to sell it. I think you need to find a real estate lawyer and the siblings will need to make some hard choices regarding the eldest daughter, once all their legal options are laid out.

So sorry this happened to all of you but it happens all the time. Case in point: My problematic and homeless sister moved in to care for our mother and within a short time had convinced her to go to a shady attorney to give her POA and change the will so 'dear sister' alone would inherit all properties and money. At mother's death she sold the property and told me and other siblings Too Bad and See Ya and went skipping down the road laughing. It happens and laws are such that allow it.
Sooner or later these dark souls will be dealt with and that's where I stand on it. I can sleep at night knowing I did everything I could to get justice by the courts of the land and must now leave it to God.
So keep working legally on it and I hope this woman will be removed from the house and face the consequences whatever they may be or she may continue on and hurt others and herself.

Tell them to hold their p's and q's.
I have been accused of things that my family thinks is true And have nothing to do with me. There are one cousin on each side of family still in touch with me. So I understand that things are not always what they seem. I take it that the PO kept no records or receipts therefore no proof that she stole the money but may hVve been doing the biding of parent whom had lost touch with the money. She is family forgive And love her. Don't trust. Her Gain I me. It is good to use common sense. She needs love Nx support for she lost a pArent just as you siblings . Common sense , love, support gods aong way.

The fastest way,, If the house is legally ya's then you should schedule a Locksmith to change the locks at a time you know she will not be there and pack up her clothes and set them outside and do not let her in..

if she brakes in call the Police.

Or

Send a Certified letter to the daughter that she has 30 days to Move Out and if she hasn't, File an Eviction as she is not a Tenant and doesn't have a Lease..

I am a Landlord and if my Tenant's Lease is up, you can evict them as you don't have to renew a lease and you can tell them it's being renovated to be sold.

Also, you are not asking for Rent, you are only asking for Possession of the home.

In Missouri City Texas it only cost $126 and you can pick up the papers to fill out at the Court House in the area by the home.

The Judge will give you the Judgement.



also let her know that ya'll will Turn Her In for misuse of handling her fathers money if she isn't out of the house within 30 days.

If she has Insurance, she should check herself into a place for mental help.

Don't see how there is any elder abuse. The elder has passed away, unless they were still around, not much you can do if she had POA. At this point all it sounds like anything that can be done about is the fact she is living in a home that does not belong to her.

Like others have said, you have to treat her basically like a squatter and force her removal. To prevent her from squandering all the parents stuff away, gambling, drugs, whatever doesn't matter, something had to have been done while they were still alive. Unless, there are documents, POA, etc. that she literally forged and lied on.

Prosecute! Quit worrying about a thief’s welfare or where she will live. In our family, the thief had provided for herself very comfortably. If I had to do it over, I would prosecute to the fullest extent of the law (which in most states isn’t much).
Do not let this consume your life but by all means, protect the next victim. If nothing else, there will be a record of this persons actions.

She already took more than she deserved. Evict her and perhaps with all the assets she misappropriated she will continue afloat. The sooner she is out of the picture the better for the parties remaining. Time to clean house, get rid of unwanted nuisances. Good luck.

You need to report the crime immediately and let law enforcement deal with it. This 'file' charges or not is a mythical decision from watching too much television.

Get it over with.

Since everyone has already decided to write off the money that's gone, throw a little more money at it and pay her cash to move out. Get a lawyer to do the paperwork right and throw in an agreement not to pursue an accounting for the alleged missing funds, since it looks like you can't anyway.

Say goodbye, wish her well and limit future contact. Don't forget to have everyone check their own paperwork to make sure she isn't anyone's beneficiary or agent for anything.

If she's an addict she will want the cash.

Hopefully some social program will help her with housing.

The children has the right to go and retrieve any monies and property that goes to them and should go to probate. Try and talk to this aunt and see what her plans are and if she is unreasonable then proceed with your legal rights.
What happened is The POA took care of things while he was alive and now the children has the right to go after what is legally left in his estate.
The only thing they need to do is get a lawyer to see if he signed everything over to her before his death, once he see's a legal way out of this as a benefit for the kids can he be paid after the fact.
If the kids were there in the begining how did this happened?
If they are minors or in college they still have benefits or that age group. If he was a Veteran they still have benefits. If he had Insurance they still have benefits unless that was changed with his knowledge.
benefits.gov (Here you will find some benefits they can utilize)
So it's worth it for the kids who was there or not there to check out their benefits that they may have if he had a pension of some kind that will go to the next of kin even a exwife who can get his social security if they were married for sometime. If anyone is disabled. Check it out. Sale the property while she's in it, call the courts there and see what rights the kids have...Don't worry about the house Taxes at this time, see how far behind he is, in paying them if it up to date don't worry, because once you sale the home that will take care of that. Find the deed and have that available for the sale.
If the furniture is his, take pictures and put them on line for sale.
"I'm just saying"

This thread is mortifying. The police already said no case. There is no proof of a gambling addiction, the police already said the accused had a right to funds. The executor, OP, had beneficiaries pay taxes, he/she/they should have paid...could be sued and prosecuted. The one person vinicated by police you all are throwing under a bus based upon discredited by the police allegations. That's messed up.

If the house was given to other sibilings. Probate the will and then treat her like a squatter. Go to court to evict her. Get an order from the court.

On the other hand, if it was me, I would probate the will and establish ownership -- then take possession while she was gone. Break the locks, enter the house; Change the locks; pack up all her possessions; and put them in the garage for her to pick up at an established time; . Just besure there is no way back into the house from the garage. Give her notice that she is not be on the property (including the yard) and report her as a trespasser (By the way NOT LEGAL ADVICE)

Imho, do not enable her gambling addiction any longer.

Lawyer-up-- NOW-- and do not discuss your case with any other family members. Especially the addicted POA ! That would be very stupid and unproductive--- get good eldercare lawyer and go after every last cent. You only have a limited time to get all you can back. Especially any real estate she sold-- IT is all possible. BUT DO NOT discuss any of this with the enablers-- co-dependency is a disease-- that directly affect the enabled AND the enablers--- anyone who feels guilty about pursuing justice it a damn fool. GO GET IT, SISTER ! If she is soon homeless-- she is just where the Good Lord wants her to be so she can get some help--- but if she fraudulently sold anything that does not belong to her-- it needs to be returned and soon-- the buyers can pursue her, not the family.. now-- go get the POWER OF ATTORNEYSHIP and be the only smart one in your family and do not discuss anything with anyone. ESPECIALLY after you file papers in court to recover all that was lost-- you can get your property back-- and you should-- don't give up-- fight back !

Im going through a similar situation and my lawyer instructed to me to file an unlawful detainer. It’s different than an eviction. You don’t necessarily need a lawyer, but it helps.

She needs to go to jail period , what a worthless peace of crap . Let her live on the street if you don’t prosecute her fir stealing from your father. He had no intention of supporting her gambling addiction nor should you . She made her bed now let her sleep in a box. I hate family taking advantage of their parents or any family member. I’m sorry you had to go through this but it’s time for some tough love now . wishing you the best
bleeding hearts will always say keep supporting theives that abuse what authority they have been given. It’s sinful 😢😭🙏

First, somewhere along the line, you all need to realize that this daughter is a thief. She would do it again and again. I would suggest, trying to get her into a recovery program, but that would take money.

This daughter has, for all practical purposes, dug her own hole. Start with talking to a good attorney to find out what you can and cannot do. Then realize, that you cannot change her. Doing what is necessary, for the rest of the family, is what has to be.

Like it or not you must start with an attorney and that will most likely mean filling a police report. Right now you are all enabling her behavior, by doing nothing.

I know this sounds really harsh, but nothing will be resolved by letting her continue on her path. Make a stand and then stick to it. Good luck and prayers for everyone.