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Accountability of POA to Executor

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melosync

Junior Member
What is the name of your state?What is the name of your state? Virginia

What is the name of your state? Virginia

I was POA for my mother’s affairs for approximately 8 years.

Upon her death (in January 2005) a will surfaced naming my sister (who was a total non-participant in my mother's care) as executor.

My sister asserts that I have to provide her with 5 years accounting of my mother’s affairs before she can officially be declared executor and pay funeral expenses etc.

Although I was very conscientious in my role as POA, and have nothing to hide, is there a legal requirement for me to provide this information.

Regarding the ‘estate’, my mother’s resources were eventually ‘spent down’ and I had to qualify her for Medicaid assistance. I created a 'funeral account' in the amount of $3500 (the max allowed by the state of VA for medicaid recipients).

I have provided my sister with all bank account numbers, as well as bank statements and all other necessary details she claims to need to file a 2004 tax return (which she apparently hasn’t done by the way).

If she indeed needs 5 years of records, could not obtain them from the bank?
 


BlondiePB

Senior Member
My sister asserts that I have to provide her with 5 years accounting of my mother’s affairs before she can officially be declared executor and pay funeral expenses etc.
Not true unless stated so in your state statutes.
I created a 'funeral account' in the amount of $3500 (the max allowed by the state of VA for medicaid recipients).
These are usually irrevocable trusts, what's the problem?
I have provided my sister with all bank account numbers, as well as bank statements and all other necessary details she claims to need to file a 2004 tax return (which she apparently hasn’t done by the way).
Perhaps she hasn't even opened probate and/or probate wasn't even necessary or there's nothing to file. We here on this forum cannot see whether or not your sister has the legal authorization (Letters of Testamentary/Administration) and your mother's records to determine any of this. Have you even checked the courthouse to learn whether or not a probate case has been filed?
If she indeed needs 5 years of records, could not obtain them from the bank?
She, with the Letters of Testamentary/Administration, can obtain the bank statements. Since you were POA, sister wants an accounting of the accounts because the bank statements do not show who or what were issued the checks. You can do this the easy way and provide sister with a detailed accounting along with copies of the bank statements or you can do this the hard way and be taken to court answer to a probate judge. You really do not want to be hauled into court over something that is easy for you to do with your detailed records, right?
 

melosync

Junior Member
Follow Up

Blondie said: Perhaps she hasn't even opened probate and/or probate wasn't even necessary or there's nothing to file. We here on this forum cannot see whether or not your sister has the legal authorization (Letters of Testamentary/Administration) and your mother's records to determine any of this. Have you even checked the courthouse to learn whether or not a probate case has been filed?

Reply: Nothing has been filed. My sister was named executor in the will. I believe she has a copy of the will. I paid to have a copy of the death certificate sent to her, out my own pocket, I also paid for plane fare to fly her from South Carolina (where she lives) to Va. ostensibly to obtain legal authorization and open probate. And yet, no will has been filed and no probate case opened. (Possibly I financed a little vacation)...and no tax returns have been filed although I provided a year’s worth of records for that purpose back in March.

My conversation with the person at the courthouse who was identified to me as the one who should know, certainly verified your observation that 5 years of history was not necessary to file probate. She also seemed somewhat confused by such a request, especially for such a small estate. (Remember, my mother's resources were depleted in rest home fees, meds, etc.)

Blondie said: She, with the Letters of Testamentary/Administration, can obtain the bank statements. Since you were POA, sister wants an accounting of the accounts because the bank statements do not show who or what were issued the checks.

Reply: I called the bank and they assured me that, with proper authorization, my sister can obtain, not only statements, but check copies as well. This would, in fact, be a more reliable way to track activity anyway because it would verify that any missing check numbers that I might have voided due to poor handwriting etc. were indeed not issued.

Blondie said: You can do this the easy way and provide sister with a detailed accounting along with copies of the bank statements or you can do this the hard way and be taken to court answer to a probate judge. You really do not want to be hauled into court over something that is easy for you to do with your detailed records, right?

Regarding the matter of detailed records, I can see how you might have made that interpretation based on my saying I had been conscientious. By conscientious, I meant I had responsibly paid bills, handled my mother’s affairs, honorably and ethically (not to mention advocating on her behalf on many occasions). The records are all there in a box, but it would be a reasonable amount of work and more out of pocket money for me to make copies of statements, checks etc. and compile an accounting.

I certainly respect you greater knowledge and experience in such matters, but all things considered, it seems a bit premature for me to be stampeded by fear of being hauled before probate judge just on the basis of my virtually unreachable sister leaves a message on my answering machine telling me she must have this info before she can proceed.

Perhaps my sister is motivated by some other agenda. I frankly don’t expect to ever see any of the money I have thus far laid out, (and I’m not inclined to haul my sister before any judges) but I’m inclined to let her spend her own time and money pursuing whatever delusion the need for 5 years of accounting might be driving.

By way of additional, here’s an excerpt from a document prepared by the Virginia Clerk’s Association... “Virginia has no separate probate court...usually the Clerk of the Circuit Court or a deputy clerk handles the probate of wills, and the Circuit Court Judge does not get involved.”
 

BlondiePB

Senior Member
Nice work & Thanks for the Update

Reply: Nothing has been filed. My sister was named executor in the will. I believe she has a copy of the will. I paid to have a copy of the death certificate sent to her, out my own pocket, I also paid for plane fare to fly her from South Carolina (where she lives) to Va. ostensibly to obtain legal authorization and open probate. And yet, no will has been filed and no probate case opened. (Possibly I financed a little vacation)...and no tax returns have been filed although I provided a year’s worth of records for that purpose back in March.
I did not believe that your sister opened probate, but wanted you to make sure by checking the courthouse. How nice of you to spend your own money on things that your sister should have paid for herself. You are not responsible for filing the final tax return and did the right thing by giving sister all she needs to file.
My conversation with the person at the courthouse who was identified to me as the one who should know, certainly verified your observation that 5 years of history was not necessary to file probate. She also seemed somewhat confused by such a request, especially for such a small estate. (Remember, my mother's resources were depleted in rest home fees, meds, etc.)
As suspected, your sister was "full of it."
Reply: I called the bank and they assured me that, with proper authorization, my sister can obtain, not only statements, but check copies as well. This would, in fact, be a more reliable way to track activity anyway because it would verify that any missing check numbers that I might have voided due to poor handwriting etc. were indeed not issued.
You can tell sister that she is most welcome to obtain copies of statements and checks from the bank. All she needs is mom's social security number and the proper legal authorization.
Regarding the matter of detailed records, I can see how you might have made that interpretation based on my saying I had been conscientious. By conscientious, I meant I had responsibly paid bills, handled my mother’s affairs, honorably and ethically (not to mention advocating on her behalf on many occasions). The records are all there in a box, but it would be a reasonable amount of work and more out of pocket money for me to make copies of statements, checks etc. and compile an accounting.

I certainly respect you greater knowledge and experience in such matters, but all things considered, it seems a bit premature for me to be stampeded by fear of being hauled before probate judge just on the basis of my virtually unreachable sister leaves a message on my answering machine telling me she must have this info before she can proceed.
Due to the fact that your sister does not know what she is doing and does not have any legal authorization, I agree that it is premature to do an accounting too. Just hang on to everything, tell sister she can get all the records from the bank, you are not going to jump through any hoops when she does not even have the legal authority to do anything, and to bite rocks.
Perhaps my sister is motivated by some other agenda. I frankly don’t expect to ever see any of the money I have thus far laid out, (and I’m not inclined to haul my sister before any judges) but I’m inclined to let her spend her own time and money pursuing whatever delusion the need for 5 years of accounting might be driving.
It's not worth the expenditure of energy trying to figure out what is other's agenda. Take pride in the fact that you took care of your mom, and mom loved you very dearly for that. :)
By way of additional, here’s an excerpt from a document prepared by the Virginia Clerk’s Association... “Virginia has no separate probate court...usually the Clerk of the Circuit Court or a deputy clerk handles the probate of wills, and the Circuit Court Judge does not get involved.”
Okay. Now, if your sister stupidly decides that she is going to open probate and use legal authorization regarding making you do an accounting rather than obtain the bank records herself, then come back and let me know.
 

melosync

Junior Member
Thanks

...Okay. Now, if your sister stupidly decides that she is going to open probate and use legal authorization regarding making you do an accounting rather than obtain the bank records herself, then come back and let me know.


I will indeed let you know. Thanks much for nudging me to do a little deeper research on this.
 

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