deny inheritance?

[greenkat]

What is the name of your state? indiana

My fiancee is in the department of corrections in indiana. He has inheritated some money from his mother's estate. He has appointed me power of attorney to open a banking account on his behalf. His brother is executor of the estate (in texas) and a cousin from the area. Can his brother (executor) deny my guy his part of the money because he doesnt feel comfortable with me being the poa? There is no particular reason for him to feel untrust worthy of me other then he does not know me well. He and his brother were not close. He also suggested he open an account instead down in texas and he will give out the money as needed or requested (in the executors name)

Also what would happen to the funds if nobody is given a poa. Does the money just sit in some sort of account until he is release in mid 2008?

 

[BelizeBreeze]

What is the name of your state? indiana

My fiancee is in the department of corrections in indiana. He has inheritated some money from his mother's estate. He has appointed me power of attorney to open a banking account on his behalf. His brother is executor of the estate (in texas) and a cousin from the area. Can his brother (executor) deny my guy his part of the money because he doesnt feel comfortable with me being the poa? There is no particular reason for him to feel untrust worthy of me other then he does not know me well. He and his brother were not close. He also suggested he open an account instead down in texas and he will give out the money as needed or requested (in the executors name)

Also what would happen to the funds if nobody is given a poa. Does the money just sit in some sort of account until he is release in mid 2008?

Submit a copy of your POA to the executor along with a letter explaining that if the brother's wishes are not followed, you will have no recourse but to hire an attorney to sue the estate and ask the court to levy all costs and legal fees against the estate AFTER distribution.

 

[pojo2]

Has your boyfriend confirmed with the executor these are his wishes?

Why can't a savings account be set up in his name ONLY and have the funds deposited there?

Frankly under the circumstances I would be extra cautious too, heard to many times where the prisoner comes home and finds all funds wiped out that he thought would be sitting there waiting on him/her when they got home.

How much money?

 

[greenkat]

Has your boyfriend confirmed with the executor these are his wishes?

Why can't a savings account be set up in his name ONLY and have the funds deposited there?

Frankly under the circumstances I would be extra cautious too, heard to many times where the prisoner comes home and finds all funds wiped out that he thought would be sitting there waiting on him/her when they got home.

How much money?

A savings account is an option. I had never been thought of. I have not persued all options as i wanted my boyfriend to decide what his best situation would be. I would of thought his brother would contact him with advice but he has not contacted him since this the start of this situation or long before that. Since he can not open the saving account at the current moment, he will still need a poa. Would the poa be able to just open an account for him and after that point never has access to it? That is ideal. I believe the amount is around 45000.00

 

[Dandy Don]

Your fiancee would be better off giving POA to someone else that his brother would be more likely to trust, namely the trust department of a local bank in the fiancee's city. They could set up the account and even possibly put you on the account jointly if that would be his wish.