Emerald Girl
Junior Member
Washington State. I'm the court-appointed personal rep of an estate. I've traced assets that went "missing" five years ago and found that they were deposited in or transferred to a family member's personal accounts and personal safe deposit box. These transactions took place while I was the POA for the then-living decedent who was residing in a nursing home, was mentally unstable, and physically disabled from a stoke.
Negotiable instruments and contracts that were drawn up to carry out the transfers were signed by the legally blind decedent but filled out by the family member. I was the POA of record when all of this was taking place. I wasn't consulted about any of this activity. After death, the family member claimed that the estate was insolvent. Have it in writing. The estate is far from insolvent as it turns out.
When confronted with our evidence that the estate was far from insolvent, the family member claimed that "whatever happened, happened according to the decedent's wishes."
It's quite obvious the family member stole a significant amount from the estate but what proof, short of a letter from the decedent stating that the money was stolen, would be needed for the courts to rule?
Thanks in advance for your opinion. - Sleepless in Seattle
Negotiable instruments and contracts that were drawn up to carry out the transfers were signed by the legally blind decedent but filled out by the family member. I was the POA of record when all of this was taking place. I wasn't consulted about any of this activity. After death, the family member claimed that the estate was insolvent. Have it in writing. The estate is far from insolvent as it turns out.
When confronted with our evidence that the estate was far from insolvent, the family member claimed that "whatever happened, happened according to the decedent's wishes."
It's quite obvious the family member stole a significant amount from the estate but what proof, short of a letter from the decedent stating that the money was stolen, would be needed for the courts to rule?
Thanks in advance for your opinion. - Sleepless in Seattle