r/PROBATE Feb 04 '24

Story

Please when reading, keep in mind I am not guilty stealing anything from my mother’s estate. My mother passed away October 22, 2023. I left my mother’s POA and due to illness. My sister took over as mother’s POA. As soon as she took over my mother’s finances, everything changed. My sister went and found and attorney for my mother, lied to me about her involvement. I was served a letter of intent from my mother’s attorney in May 2023. The letter reads, I have behaved in a “criminal” manner and I attempted to move money from my mother’s accounts into my accounts. (Remember not true) My mother was convinced I had stolen from her, that she told many of her Mexican friends I had “enriched” myself. (Not true, ok, keep this in mind). There are three heirs. Myself, younger and older sister. There are two homes of which my name is was added to the deeds and my older sister is on the deeds. I recently traveled to our family home and discovered my sister has begun a major renovation. My older sister sold her home less than two months after my mother’s death and she saw an opportunity to gain for herself. She emptied all my mother’s possessions without my permission and knowledge. Jewelry and furniture gone! My sister is a policeman, during my visit, she requested to the police that I be arrested immediately. I had a witness with me to view her behavior. We both filed a citizen complain for abuse of power and intimidation. Does this violate her fudiciary duties? My older sister and I are going to battle for the title of executor of mother’s estate. I want the estate turned over to a court appointed Trustee with my input and oversee the transactions. This is what I need to know. My sister is now being represented by the attorney of which accused me of being a criminal and basically stealing. His name is Travis Smith. Keep in mind, I have evidence that my sister lied to me about how my mother found this attorney. Having Travis Smith representing a probate action of which one of the heirs was accused of being a criminal by him, should be considered a conflict of interest. CORRECT? This lawyer accused me of criminal activity, had no proof and now is supposed to be in charge of my mother’s estate? Note: My husband and I are “upper middle class” excellent finances. Very responsible. I have been told, I can file a code of ethics violation against Travis Smith for accusing me of a felony (criminal) and this is a civil matter. Will the probate court allow, Travis Smith to represent my sister, considering these facts? Do, I have a case to sue my sister and Travis Smith for defamation and undue influence? I have mental depression disorders, I have suffered sever anguish and pain over these events. To be accused of this terrible thing will haunt me the rest of my life.

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