Beneficiary Upset that Parent’s Assets Used for Parent’s Care

Heirs apparent and will beneficiaries are often upset when the not-yet-dead intestate or testator uses up the expected windfall while alive.  This is especially the case if one of the heirs or beneficiaries is seemingly benefiting from the expenditures.

An example of this situation was recently discussed in Kathy Mitchell, Annie’s Mailbox, Jan. 14, 2006:

My father passed away eight years ago. A month later, my sister, “Connie,” wrestled executor status from our oldest sister. She then sold our parents’ house and announced she was building an estate in Arizona so Mom could live there with Connie’s family. She justified this drastic measure as the only logical way to care for our mother. My mother ended up hating Arizona and was always depressed when we visited.

I never questioned Connie’s intentions until Mom passed away last month, and we discovered that my parents’ savings and investments were completely exhausted. On top of that, Connie was charging my mother rent by taking her Social Security checks and my father’s pension to pay her mortgage.

I do not believe what she did is ethical or legal. We are all equal heirs, and I am wondering if there is any action we can take against her. * * *

To Ms. Mitchell’s credit, she recognized that:

* * * Connie may be completely innocent. It wouldn’t have taken too much effort for Mom to go through the remaining investments and savings during the intervening eight years. Keep in mind that Connie was the one who took care of Mom until she died, and that is worth a great deal. But if you believe your sister took financial advantage of your mother, to your detriment, you should contact a lawyer.