Whats legal here????

[sixpack]

What is the name of your state? Minnesota

Parents die within a month of each other. Brother POA for one parent and when this parent is going to die, goes and gets POA for other parent who is very ill. Personal Admin (who is out of state) uses POA regardless that his company is tied to estate to do some "business". Takes some time...then family member gets wind of a check that was written out of parents account to employee. Employee states both names and said it was because Company check bounced. When employee asked about the "check" with parents name.....brother states it is good because they still think parent is still alive. (employee stated this) I went to check on account and bank put the account on hold. I told personal admin and apparently he stated that everything should be fine, except now he has to do all this new paper work.
Apparently the account was not set up for the estate. Personal Admin mad and tells me he is having the lawyers do everything and he will charge me for it. What is going on? Can this happen with the bank account and why would this account not be set up in estate? Can anyone give me a hint of could be happening here? Also, can he actually charge me for these expenses via estate?

thanks,
Knee deep in confusion

 

[sixpack]

Will states:

Will states everything to be devided equally. Personal Admin. does not seem to think that this is a problem, until the account had a hold on it. I am not sure of what business arrangements with brother he has made. Also, Personal admin stated the brother will get some money because one of the parents wanted him to have...no documents to show it. I believe people here should get paid for their work, but this doesn't sound like it either. Thanks again!

 

[Dandy Don]

Your posting is a bit confusing because you have left out some essential details.

(1) Any Power of Attorney expires when the death occurs. So you have 2 different people using POA but it is not certain whether they are using it after the death to do transactions. If both people have POA's then it is a conflict of interest and a cause for confusion.

(2) What are the details about the "parents account"? Is it a joint account? Is it possible that the brother could have been set up as a beneficiary of the account? You need to find out that information from the bank. If the account has a beneficiary, it does not need to go in probate and that money is payable directly to the beneficiary. If the personal administrator has this information it sounds like he doesn't want to give it to you.

(3) Who wrote the check? Is the amount owed to the employee or is it an attempt at theft?

DANDY DON IN OKLAHOMA ([email protected])

 

[sixpack]

Clearification

Thank you, it is hard to state this case. I have some people angry at me already and I do not like doing this.

Brother was POA only, not a beneficary. Same POA for both parents, I am under the impression that PA did not understand that POA could not right out checks and was having him do so to pay estate bills. Apparently another account was opened at the bank with the idea that one parent was still alive. (was not the case) The check to the employee was written out by brother to his employee when there was a problem with money apparently. The bank is not pressing fraud charges and is leaving the issue to the estate. The PA is in full backing of brother, but has not seen any account information. The PA thinks this was set up to save the estate money. I am finding more out and it stinks. Now he is mad at me for inquiring on the account, (the PA and rest of family). The bank put a "hold" on it. This information came to me and now....PA wants to charge me for having the lawyers do the bookkeeping and etc. I do not want this PA to get into trouble because I think he had no idea of how probate was supposed to be set up and was misled in some way. The atty knew about some of this....Why do I think all of this is soooo wrong? This second account was not an estate account, as I have since found out. Brothers business is tied to estate via investments and loans.

PA=should be stated as Personal Rep. The personal rep of will is out of state.