Abuse of POA

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

Texas

After a year and 3 months I am only at the point of having requested via a lawyer's letter for accountability actions taken under my brother's Power of Attorney. This lawyer sent one certified and one regular mail letter. That was over 60 days ago. He said that this was all that was required by the courts to file a letter of demand for this accounting. This lawyer went from saying that Power of Attorney was held to the highest level of accountability for fiduciary responsibility, and I have real reason to know that this brother abused this power. He refuses to talk to me or respond to any of my certified mail. It all is returned. Now my lawyer who has not been very responsive all along is saying that Power of Attorney abuse is hard to prove. I am dropping him and looking for a new lawyer. In the meanwhile, can I/should I file this demand for accounting myself as it is time to do it.

Thank you.

For whom does your brother hold a POA?

Is that person deceased?

If they are deceased, who is the Executor?

If there is an Executor you need to ask that THEY send this letter to him requesting an accounting. THEY have standing to do so, you do not.

If there is a decedent and the will has not been offered for probate, OR there is no will then YOU [if you are a "person of interest as defined by the Probate Code of TX] can open probate for their estate and THEN demand an accounting.

Good luck

I am a c0-executor for my mother's estate. She passed May 2007. My brother held the PoA..The lawyer I consulted said to file inventory, and then you can contest the finding when the accounting is done and things don't show up. My brother put a car in his name and said he sold it prior to Mother's death. This is obviously not true because I called the DMV and they said the title was transferred to his name using the POA the DAY before she passed. There are at least two pieces of real estate, the refund check from the IRS which he filed to receive in his name. There was a check from an aunts estate for 10,000, list goes on.

The lawyer sent the letter requesting an accounting, stating that he represented me. My brother did not pick the letter up, but I have the stamped returned letter from the lawyer. Should/Can I file this demand from the courts at this time, without a lawyer, as I haven't found him/her yet?

Yes, consulting a lawyer is your next step, but you need to find out from the lawyer exactly what proof is required for abuse of POA and whether you have the appropriate evidence. And find out whether Texas state law requires an accounting. Depending on what actually happened, there may be some other legal charges that could be filed against him (theft, misappropriation of funds, etc.) that might be easier to prove than abuse of POA.

DANDY DON IN OKLAHOMA ([email protected])

If there is a decedent and the will has not been offered for probate, OR there is no will then YOU [if you are a "person of interest as defined by the Probate Code of TX] can open probate for their estate and THEN demand an accounting.


There was a will...everything was to be split 50/50 between my brother and myself. The jewelry was to come to me, but brother said the nursing home got it. Nothing of value was left..and it was to be left to me. I didn't know this before, but he did. I would have taken some precautions if in fact it did wind up at the nursing home. Of course that is not likely.

Is there a problem that this lawyer told me to let the inventory be filed and later ask for accounting. It has already gone to probate..

Sounds to me like you have complicated case of possible POA abuse before your mother passed away and now things being mishandled in probate.

You had an attorney send a letter that your brother ignored. IMO its time to do something that yourbrother will not ignore. Interview a few attornies and find one who is willing to fight this for you. It will cost you some but if you care getting what should be yours, sounds like you need to do this. I believe you can challange his executorship since he's mishandling the estate.

There has to be a way you can ask the nursing home if they got the jewelry. I don't see one taking it... what might have happened is that someone there stole it. When my mom was in a nursing home (a very good one to boot) some of the women there had their diamond rings stolen, etc. Every good piece of my mother's clothing was stolen. We got the to point that we got her stuff from WAlmart for wearing there and kept her good stuff at our house. They even stole anything nice from Walmart. It's pathetic. But aside from it having been stolen (then ask for a police report) I doubt that the nursing home took jewlery.

If it's not worth it to you... then just walk away and your brother will take it all as he seems to be doing.

Can anyone answer the question about contesting inventory that went to probate after probate has closed? My lawyer said to just let it go, and contest it later. I did challenge it once, and he added a piece of jewelry (he told me all the jewelry was to go to me) Then I found out about him transferring the title to Mom's car the day before she died. All this began when afer the funeral I asked him if he paid back the 200K he took from the estate. (early archives of this case are on hand perhaps) This was revealed at a meeting called at my mom's house before she went into the home. The Ameriprise broker and my brother were there, and I was called from a 5 hour distance to attend. At this meeting my brother was all repentive, and offered to put one of his two houses up for sale to pay back the estate. The Ameriprise guy said, not to do that, to put up matching funds for me, as the market was soft. Well, either that was a rehearsed maneuver, either way. After the funeral I asked him if he paid it back, and he said, that was then, this is now. When I said "WHAT?" He said...she signed off on it..I said WHATTT??? He said..I paid it back..and hung up on me. That is the last word he has spoken to me on the subject. I am wondering if I have a lawsuit against Ameriprise for hiring this joker. Nobody has shown where it was signed off on OR paid back...just a non issue til I can get a decent lawyer. Thanx.