Legal advice on inheritance and family conflicts

Questioner

Hello, my sister managed my parents' financial affairs (she had a power of attorney on the account), but she also took money from my parents' bank account for herself and put it in a personal account. Is this theft? My brother received a large loan from my parents 10 years ago (probably without a contract). And what can I do about this? Both my parents are deceased (both had Altzeimer's disease) and the inheritance has not yet been divided. I live abroad and so far I have little or no information about the inheritance. I do not know how much there is. I have no statement (document) that my parents are deceased. I do not know whether a notary has been hired yet. My sister does not respond to my emails and my brother also has very little information. Can you advise me?

Lawyer

you do remember something: like that your sister withdrew money from your parents' account and put it in her own account. That is not just theft. Your problem requires a systematic approach: was there a will, if so, what are its contents, was an executor appointed, when did the death occur, did your sister have a notarial power of attorney, how do we know about the loan to your brother. how do you know that the loan has not been repaid. the first thing that needs to be done: request a death certificate from the municipality, then ask the ctr whether there was a will and then request a copy of that will from the notary in question.

Lawyer

Your sister must account to the other heirs, and therefore also to you, for the payment transactions she has arranged. If she has appropriated money, she must pay it back. See: ECLI:NL:RBHAA:2011:BV2110 Haarlem District Court, 16-11-2011, 177423 / HA ZA 11-85