A salary was never specified in the documents my mom prepared before her stroke. My mom was organized, and had prepared these documents in case. They proved necessary, as she had a stroke almost 6 years ago. She named my oldest sister the POA. I'll call her "S". There are 4 of us girls. That just made sense since "S" was the oldest and lived closest. Although my mom is in a 24 hour/7 day a week nursing facility, the POA ("S") asked my 2nd oldest sister, ("D"), if she could receive a salary for her time. We were all distraught and of course "D" was happy that "S" was close in distance to be able to help my mom, and so of course said yes. The third oldest sister, ("L"), and me ("B"), were never consulted, so now "S" has been taking a salary for almost 6 years. "S" claims that maybe she hasn't been taking it the whole time, or maybe she just takes it when she needs it, but we have NO visibility and are left frustrated. My mom has a sizable estate, and we have NO idea what "S" has been doing. "D" and "B" (me) have been asking for copies of the financial records for months, maybe years. We know for a fact that my mom has listed all 4 of us as equal beneficiaries in her will, but we're afraid that "S" is decimating the estate, and using the funds however she sees fit, rather than discussing them with us. "S" is angry that we are even discussing money since my mom is still alive. She feels that we care more about the money than about my mom which is ludicrous. "S" is probably being responsible, but don't we have a right to know what is going on since we are beneficiaries of the estate? Since "S" won't share any of the financials, it gives us the impression that she is hiding something. What do we do?
But Alarmed - just because your mother does not live with your sister do not assume for one minute that being her POA is easy! I have a saying that each of my brothers have heard: if you don't help, you don't get to critize
It was anything but fine or under control! Who had to drop everything and rescue his parents from ruin? My husband. I could go on and on about all the work but I won't because you can ask your sister. And lest you believe that your sister found a tidy, organized filing cabinet with everything she would need to handle your mother's affairs all color-coded and labeled, let me disabuse you of that fantasy right now. Like my husband, your sister probably found a hot mess that she had to organize before being able to prioritize the work. And guess what, Alarmed, problems beget baby problems that spring up all over the place. Like feral cats or bunnies, problems breed.
Forgive me when I say that your post sounded to me like you were interested more in your mother's estate than either her or your sister's well-being. Do you think it's fun to be POA? I suggest you ask your sister what a day for her is like and perhaps then you will empathize with the toll it must be taking on her. Is your sister married? If she is, then it's also taking a toll on her spouse. Does she have kids? Ditto. It's just money, it's not your money, and it's none of your business if your sister takes a small stipend. Your sister's time and energy are worth more than money so I suggest you tread lightly on what is a very sensitive and emotionally-charged subject.
It does seem that way, from your post. The focus is on finding out what S is doing, not on your mother's welfare.
"S" is probably being responsible, but don't we have a right to know what is going on since we are beneficiaries of the estate?"
If she "probably" is, why are you concerned? What evidence do you have that she's not being responsible?
As beneficiaries of your mother's estate, you don't have any rights on that level until your mother dies. At this point it's really none of your business.
As to the two sisters not having been consulted as to the salary, why should you have been? It's your mother's money, not yours. S is responsible to your mother, not to you and your siblings.
But if you're really interested in not only what you'll be getting but how your mother's health is, why don't the 3 of you contact S and ask what you can do to help her care for your mother? Has that ever been done? Try a conciliatory approach and offer to help.
Frankly, if I were in S's situation, I would resent someone who's not helping wanting to know how I was handling mother's funds and assets.
Do you have any evidence at all that something is amiss. besides S not revealing what is happening with the finances? Is she living way beyond her means, for example? Is the salary she is taking way out of proportion to the tasks being performed?
S could easily put your minds at rest by providing some high-level overview of the finances, unless Mother is telling her not to. That she chooses not to may mean she is a control freak or loves the feeling of being in charge. Those attitudes don't win friends and influence family, but they are not illegal.
Using the funds however S sees fit is exactly what her appointment as POA entitles her to do AS LONG AS IT IS IN YOUR MOTHER'S BEST INTEREST. She does not need to consult with the beneficiaries of the will. She only has to do her best to act reasonably and on Mother's behalf. It is NOT your inheritance until your mother dies, remember.
Not your money. You have no legal say in how it is being managed, EXCEPT if it is being deliberately mismanaged and in effect stolen. Then it is a legal, criminal matter. But you'd better have better evidence than you've presented here before going to the authorities.
Dealing with the payments for the nursing home... making sure the secondary health insurance payments are up-to-date, paying co-pays, yada, yada, yada.... size estate could also mean a lot of portfolio dealings with an accountant and stock broker. Reconciling the check book(s) and money markets. Or it could be like my Dad who has his stocks scattered all over instead of with one broker, and bank accounts with about 3 different banks. I hate balancing a checkbook, imagine dealing with 3 :P
Even putting together a finance report can be very time consuming, maybe your Mom's accountant can put something together for you and your sister, but there will be a cost for that service.
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