What to do about an abuse of fiduciary responsibility?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about an abuse of fiduciary responsibility?

Prior (6 years) to my mother’s death 3 life insurance policies were secretly cashed by my sister, who acquired power of attorney. This was done with no fiduciary notice or discussion with my brother or I. She used some of the proceeds to buy burial insurance for our Mom. Is the burial insurance value shielded from any legal action I might take to possibly recover an equal distribution as my mother told me years ago was her intention (i.e. we were all to have a 1/3 share of the proceeds)?

Asked on March 1, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss and for your troubles.  If your sister abused her Power of Attorney - which is a fidcuiary responsibility - then whomever is appointed as the Personal Representative of your Mother's estate can bring an action against her to rectify the problem and recover the money.  The burial insurance will, I think, be an issue as you say but you will have to name the transaction anyway. If she unduly influenced your Mother to acquire Power of aAttorney that wll be an issue as well to address. Get some legal help from an attorney in your area with all of this.  You are going to need it.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption