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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
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.