What is the name of your state (only U.S. law)? Indiana
Hello - I have been DPOA for 8years for my friend...and am named as Executor in her Will. I am a non-relative. I have learned that in Indiana there is a time frame between when the DPOA ends (at death) and when beginning the duties of the Executor begins (by court appointment) This time frame is left as an 'open' area...and hinders me from maintaining reasonable control of her assets and final wishes. Within this time frame the Next-of-Kin can come in and simply create havoc...and appears to have the legal right to do so. The Next of Kin has changed pre-planned (and pre-paid) funeral arraingements, accessed storage and removed items intended (by her will) for distribution to others and emptied a bank account - though his name was nowhere on the account.
The sole reason I became DPOA for my friend was to keep her estranged son from abusing her by Verbal Abuse - Intimidation - Credit Card Fraud - Theft - and Theft by Deception. She even had a protective order against him!
This feels like such a slap in the face. What resolve to I have when the Indiana laws dictate he has the first legal consideration?
The attorney told me my DPOA had ended and I cannot do anything without first obtaining executorship. I thought I'd obtain a police report (at least I would have a record of it), but when I notified the police, I was told - "Well - that was her only child." I don't have the right to scold the bank for giving access to her account...nor do I have the law beside me to remove storage to another location or change the locks! So frustrating....
Hello - I have been DPOA for 8years for my friend...and am named as Executor in her Will. I am a non-relative. I have learned that in Indiana there is a time frame between when the DPOA ends (at death) and when beginning the duties of the Executor begins (by court appointment) This time frame is left as an 'open' area...and hinders me from maintaining reasonable control of her assets and final wishes. Within this time frame the Next-of-Kin can come in and simply create havoc...and appears to have the legal right to do so. The Next of Kin has changed pre-planned (and pre-paid) funeral arraingements, accessed storage and removed items intended (by her will) for distribution to others and emptied a bank account - though his name was nowhere on the account.The sole reason I became DPOA for my friend was to keep her estranged son from abusing her by Verbal Abuse - Intimidation - Credit Card Fraud - Theft - and Theft by Deception. She even had a protective order against him!
This feels like such a slap in the face. What resolve to I have when the Indiana laws dictate he has the first legal consideration?
The attorney told me my DPOA had ended and I cannot do anything without first obtaining executorship. I thought I'd obtain a police report (at least I would have a record of it), but when I notified the police, I was told - "Well - that was her only child." I don't have the right to scold the bank for giving access to her account...nor do I have the law beside me to remove storage to another location or change the locks!
So frustrating....
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