What to do if my sister was durable POA and now personal representive for my mom’s estate and ‘ve requested for her to provide bank statements, etc. but to no avail?

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What to do if my sister was durable POA and now personal representive for my mom’s estate and ‘ve requested for her to provide bank statements, etc. but to no avail?

About 6 months ago, her attorneys stated that she hs been working on the accounting for lmost 11 years (date she first acted as durable POA) to present. She refuses to provide any documents. She doesn’t know that I’ve got bank and investments statements foro the date of dad’s death) through the end of that year. All of the documents from the following year have disappeared when I searched for them. I believe she has stolen at least $21,000. She is hiding something since she won’t give me the documents. How can I obtain these documents? Can I go to the DA in her count? Will a supervised probate produce 10 years accounting?

Asked on May 9, 2013 under Estate Planning, Colorado

Answers:

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

Answered 8 years ago | Contributor

If you believe that your sister has breached her fiduciary duty either in her capacity as durable POA prior to your Mother's death and now as the executor of her estate, then you need to bring a proceeding for an accounting and/or to have her removed as the fiduciary of the estate at this point in time and then have yourself appointed.  Once appointed then you can make inquiry in to all the issues you believe exist here.  There seems to be an awful lot going on here and you should seek legal help from an independent attorney - not the estate attorney.  Good luck.


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