One sibling had deed transferred to her name only from father while mother was still living. Mother's name was not on deed as tenants by entirety, only the sibling's name appeared. Mother died first. Thereafter, father passed away. The property was sold without court approval by the sibling guardian who put her name on the deed. Both parents died without will. Is surety company liable for sister's wrongful act?
Lots of issues. Let's try to sort them out, but te bottom line is you'd best hire a probate/real estate attorney in your area to help out.
"One sibling had deed transferred to her name only from father while mother was still living": Was your father competant at this time? Did he authorize the gift if he was competent? Did your sister hold a power of attorney for your father when she made the transfer? Did the power authorize or permit such a transfer? Did th power include a gift provision? Did that provision permit unequal gifts to children? Were there any letters or other communications from your father commuicating that the gift should be made? The facts are a bit unclear as to whether your sibling was guardian for both father and mother or just one of them. If your sibling was a guardian for your father what did the guardianship documents provide concering gifts and estate planning?
"Mother's name was not on deed as tenants by entirety, only the sibling's name appeared.": Tenants by the entirety is a special form of co-ownership between husband and wife provided for under many state laws. Again, the facts are not particularly clear. What was the chain of title? Did both parents ever have their names on the deed? Was it tenants by the entirety between your parents and then your sister transferred the deed to just sibling's name alone? If your mother's name also appeared on the deed then all the questions noted above in the preceding paragraph concerning your father also need to be answered concerning your mother.
"Mother died first.": If she had any interest in the property, or a claim against your sibling for inappropriately gifting or removing her name from the property, her estate should pursue that. Since she had no will she died intestate. State law will determine who can pursue those claims as her administrator. If that is the sibling who you believe has done wrong, then you need to have a probate attorney begin an intestacy proceeding in the county where your mother died and pursue having you or an independent appointed to pursue this.
"Thereafter, father passed away.": See all the issues in te prior paragraph concerning your mother, they need to be addressed here to.
"The property was sold without court approval by the sibling guardian who put her name on the deed.": The buyer may have had no notice of the possible wrong doing. If so, and this is a question for a real estate litigator in your state, the buyer may have no accountability and may own the property clear of these issues. But, you need to determine this with counsel. If there is a claim against the property/buyer (did they or should they have known about sibling's actions?) then a filing to secure your claim on the property should be addressed. If there is no claim then you had best have an attorney proceed against your sibling quickly becuase if the proceeds are spent or given away (may have been done quickly after the sale), you may have a hard time collecting even if you win.
"Both parents died without will." - this results in an intestacy and is discussed above.
"Is surety company liable for sister's wrongful act?" If your sister was bonded and committed an inappropriate act as guardian the bonding company may be responsible. You'd have to have your probate lawyer review the agreement with the company. But you may be first required to pursue remedies above. Also, there are issues as to what the facts really are and those issues need to be addressed. The discussion above will give you some ideas to pursue with your local attorney.
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