What is the name of your state? New York
My sister thinks that she's getting our 85 year old grandma's house when she passes away (she's still with us!), so when grandma was in the hospital, my sister took it upon herself to open a Sears Home Improvement Loan worth $10K. She proceeded to order some kitchen cabinets that cost $7000. Our other sister, my grandmother, and myself all expressed our displeasure when she told us, but she still refused to cancel the contract.
In February, the cheap-looking, overpriced cabinets were put in, and she did not make the first two payments. I called Sears and closed the account (I had POA at the time), then told her that she's responsible for the payments. Her response was "What's the big deal? When grandma dies, nobody will have to pay anyway!" I told her that I thought her statement was legally wrong and morally reprehensible. Her own credit is horrible so she obviously doesn't care.
Well, now we are going through some legal proceedings (I'm going for guardianship due to her all around irresponsibility), and she wants to look good so she's paying the bill. Since she's done this, she has gotten POA and put her name on my grandmother's account. I have a feeling that she is using our grandmother's own money to pay for these cabinets since her name is on the checks as well. Is there any way I can prove this?
Can she be prosecuted for signing my grandmother's name in the first place? This happened in November of last year. Is it too late?
When my grandmother does pass away, I think that her estate will be responsible for this bill, and since the house is supposed to be split three ways, can I legally (as the executor, I think, unless she's changed this via her ill-gotten POA) take the remainding amount out of her share only to pay the debt?
Thanks for the advice!
My sister thinks that she's getting our 85 year old grandma's house when she passes away (she's still with us!), so when grandma was in the hospital, my sister took it upon herself to open a Sears Home Improvement Loan worth $10K. She proceeded to order some kitchen cabinets that cost $7000. Our other sister, my grandmother, and myself all expressed our displeasure when she told us, but she still refused to cancel the contract.
In February, the cheap-looking, overpriced cabinets were put in, and she did not make the first two payments. I called Sears and closed the account (I had POA at the time), then told her that she's responsible for the payments. Her response was "What's the big deal? When grandma dies, nobody will have to pay anyway!" I told her that I thought her statement was legally wrong and morally reprehensible. Her own credit is horrible so she obviously doesn't care.
Well, now we are going through some legal proceedings (I'm going for guardianship due to her all around irresponsibility), and she wants to look good so she's paying the bill. Since she's done this, she has gotten POA and put her name on my grandmother's account. I have a feeling that she is using our grandmother's own money to pay for these cabinets since her name is on the checks as well. Is there any way I can prove this?
Can she be prosecuted for signing my grandmother's name in the first place? This happened in November of last year. Is it too late?
When my grandmother does pass away, I think that her estate will be responsible for this bill, and since the house is supposed to be split three ways, can I legally (as the executor, I think, unless she's changed this via her ill-gotten POA) take the remainding amount out of her share only to pay the debt?
Thanks for the advice!
