Rogue Family members and an expired POA

[general thade]

What is the name of your state?
Georgia

I had a relative who passed away in late August.
I had one cousin named (Arlene) who had POA while my relative was alive. (This was communicated to her by the Atty who performed the POA and another witness) After death the POA and all of that jazz was to transfer to the executor of the estate, (Barb who was named in the will) who is also a cousin. In addition there was a hand written document that contained my relatives last wishes concerning gifts to family and friends and the location of key documents, properties etc all, and a separate document given to a friend who outlined who the executor was.

After the death of my family member, Arlene has used her expired power of atty to remove all liquid assets from the bank accounts and has raided one investment account to the tune of 11k. She refuses to turn over the document and safety deposit box, which contained the will. Barb has a copy of the will and is uncovering more and more as we speak.

How will this mess affect getting the will probated? The surviving immediate family is prepared to nominate Barb in case the courts have to probate in a way other than by the will.

I am also curious as to the legal consequences criminal and civil due to Arlene's actions.
I would be happy to clarify with more info as necessary.

 

[FlyingRon]

I had one cousin named (Arlene) who had POA while my relative was alive. (This was communicated to her by the Atty who performed the POA and another witness) After death the POA and all of that jazz was to transfer to the executor of the estate

The POA ceased to exist at the death. It's not transfered anywhere.
The executor isn't offiically appointed until probate. The only thing the proposed executor should be doing is paying for the funeral and protecting the assets (making mortgage, tax payments, etc...)

Your cousin has acted inappropriately. You need to get this to court asap. A lawyer would be helpful.