Fiduciary breach ?

[CLJM]

What is the name of your state (only U.S. law)? WA

Washington non-intervention probate. Person had DPOA (1 month before passing), and is now the PR. The DPOA/PR moved funds out of the principal's financial accounts under the DPOA prior to the death and deposited funds in a separate account soley in their name. The DPOA/PR and the estate attorney representing the PR refused to give any information to a sibling and ignored all certified requests. The missing money, was not disclosed on the inventory. A sibling retained an attorney and it was finally disclosed that money had been moved, but was now returned. It seems the money was only returned after getting "caught". Is this a fiduciary breach by the DPOA/PR ? Can the sibling recoup legal fees ? How can the PR be trusted to finish the estate ? What might the options be and what might happen?
Thank you kindly

 

[tranquility]

You must not conflate the actions before and after death. The relationship was different between those two times. It seems there may have been a breach in the first instance, but it was a breach against the now deceased and his estate can now make the claim. But, the estate is controlled by the person alleged to make the prior breach. That is not a fiduciary breach by the PR--even though it is the same person as the attorney-in-fact.

Unless you can show a breach of the current duties, you don't have cause to remove them. This challenge should have been made before the person was appointed. Get an attorney to look at all the facts to see and to get accountings, but I don't think you have a ripe suit yet.

 

[CLJM]

Thank you, Tranquility,

I contend that a breach was made as DPOA and PR; one leading right into the other. DPOA, as evidenced by the agent transferring the funds into a separate account---PR, as evidenced by the funds transferred under DPOA, not brought into the estate, and non disclosure on the Inventory. An attorney was retained and that is how the transfer actions were proven; bank statements---out of principal's account into a separate sole account. I am awaiting the estate accounting, which should prove the same....money is still not fully disclosed and accounted. Also, of interest, the attorney representing the PR does not intend to charge the estate for his "report" outliningplanations". I think it's a CYA because he knew there was possibility of wrongdoing as detailed in CCRM letters and was complicit in stonewalling. Just was interested in your valued opinion on whether you would consider this a "breach". Thanks

 

[tranquility]

What is the specific claim of breach? What duty did he have that he breached? (As PR)

 

[CLJM]

What is the specific claim of breach? What duty did he have that he breached? (As PR)

Statues require a true and certified under oath Inventory.
Funds taken under DPOA and continued to be withheld from the estate as PR.
Circumstances show intent of fraud and breach of duty owed to beneficiaries by non disclosure of transfered funds. Failure to identify, gather and protect all assets. Failure to faithfully execute trust(holding assets in trust for distribution) and best interest of beneficiaries. The estate could/would have been damaged because of DPOA and PR actions if the challenge was not brought. Since, "intent to deceive" was shown by non disclosure, and only recovered thru efforts of "proving", there remains a question of trustworthiness in continuation of administering the estate.
I would like to have required oversight beyond the present PR attorney and I would like the PR to pay for those fees personally, as well as recoup the legals fees from the challenge. What do you think ?

 

[tranquility]

I think you still want to conflate the two.

 

[CLJM]

I think you still want to conflate the two.

Well they are "brought together" because they share some of the same assets, though by different authorities. The actions of DPOA led into the PR continuing those actions. And, the DPOA itself calls for a full accounting to the PR.
I do appreciate you taking the time to answer----this has surely been an unexpected, but frustrating ordeal for me.