If my mother passed about 9 months ago and my sister has been her POA for over 20 years, do I have a right to POA accounting of records prior to my mom’s death?
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If my mother passed about 9 months ago and my sister has been her POA for over 20 years, do I have a right to POA accounting of records prior to my mom’s death?
I am in the Will.
Asked on February 6, 2015 under Estate Planning, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you believe that your sister breached her fiduciary duty and in some way did something wrong with your mother's finances for the time that she was POA, then I would suggest that you speak with the Executor about it and encourage him or her to look in to it. Yes, you would have standing yourself as a beneficiary of the estate but it would be easier for the Executor to bring the action. But also remember: that it depletes estate assets going after her but it may indeed be worth it. Good luck.
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