Auburn, CA Estate Planning Law Firms & Lawyers

This strikes me as a family problem and not a legal problem. I am not sure why the estrangement issues have taken place, but it is clearly not helping you nor your mother. When you send the checks, there is no way to prove how the money is being used. Yes, acting under a POA, your sister would have the right to deposit the checks. But if she is the one paying your mom's bills and helping her out, what is the problem with making the checks out to your sister? We are not talking about thousands of dollars, here. I am not sure what your intent is, in terms of what the money is supposed to be used for. But it sounds like this is all much harder than it needs to be, on both sides, because you all cannot simply agree to get along. You have a common interest, here, in making sure that your mom is taken care of. If your mother has capacity at all, it has got to be upsetting to her that her daughters are not getting along. Sometimes, it is less important to be right, and more important to be happy. If you can make all the ugliness go away by humbling yourself, then it is a price that is worth paying, in my opinion. Legally, your sister is not required to process the checks. I hope that you all find a way to put aside whatever has happened in the past and can agree to work together for your mother's sake, and for yours. You only get one family you are born into.

In Michigan, notaries are not required to keep records of any kind. It is also possible that the lawyers did not keep copies of the prior Will. The later Will would revoke the prior one, so keeping copies of the old Will is not necessary. Since the same lawyers were used, it is more likely that the Will reflected your grandmother's intent. Alzheimers does not prevent someone from changing their Will. Even if you knock out the new Will, which may be possible, but will be difficult, it does not revive the prior Will.