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I have POA. Executor of will demands access to valuables + unfairly executes will

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TXlaw

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

I have POA. My father died last week (my mother, his wife, is still alive in a nursing home but can't think for herself due to illness). His will says everything he owns goes to my mother (his wife). The executor of the will (my sister) has taken all his valuables (vases, art, jewelery, etc) and put them in their house. I demanded they return them to a safety deposit box at the bank (where it's always been) and the rest will go in my mother's nursing home (she has her own room like an apartment).

My sister has complied; however, she is demanding access to the safety deposit box and wants to create a new one where we both have access to it and both have to sign if we want to take anything out. I don't want her to have access at all (she has done nothing to help the entire time and I don't trust her at all). She said she won't give it back until I agree, so I'm calling the police on her soon.

Does she have any legal right, as executor of the will, to demand the safety deposit box access?

Also - the will only says that everything will be divided "equitably" between my siblings and I (I have 3 other siblings). I'm pretty sure my sister (the executor) is going to give herself by far more valuable stuff (dollar wise). If she does this do I have any right to sue her b/c it's not equitable at all? What can I do here?


Thanks for any help!
 
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justalayman

Senior Member
your are the agent of the POA? is this with your mother as principal or your father or both?

Obviously, if your fathers, the POA ceased at the time of his death.

what type of POA do you hold for your mother? A general POA becomes ineffective when the principal becomes mentally incapacitated.

anyway, any property not jointly owned that is to be distributed by the will falls under the control of the exec of the estate. It would not become the property of the heir until the exec acts on the will and transfers it to the heir.
 
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Kiawah

Senior Member
You having POA for your father, terminated when your father passed away.

Your sister is not executor, until probate is started and she gets approved by the court.


And just be wary of leaving things in assisted living or nursing homes. My MIL had a number of things 'disappear'. There are too many people in an out of the rooms and/or my MIL hid them, never to be found again.
 
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justalayman

Senior Member
Your sister is not executor, until probate is started and she gets approved by the court.

n.
I presumed (maybe incorrectly) she has already been appointed exec.

If she hasn't, as Kiawah stated, she has no power to do or demand anything until when, or if, she is appointed exec.
 

curb1

Senior Member
Question? We know that the executor does not officially have the position until designated by the probate court. Then who has the responsibility to protect the assets of the deceased person until the court acts?
 

TXlaw

Junior Member
your are the agent of the POA? Yes. I have POA and that isn't changing.is this with your mother as principal or your father or both? I was given sole POA for both of them while they were both alive. My father recently died and I still have POA for my mother.

Obviously, if your fathers, the POA ceased at the time of his death.

what type of POA do you hold for your mother?durable POA A general POA becomes ineffective when the principal becomes mentally incapacitated.

anyway, any property not jointly owned that is to be distributed by the will falls under the control of the exec of the estate. It would not become the property of the heir until the exec acts on the will and transfers it to the heir. I know this, I'm asking if the executor of the will can require me to give them access to their valuables in the safety deposit box while my mother is still alive.


You having POA for your father, terminated when your father passed away. I know but all my father's belongings transferred to my mother and I have POA over him

Your sister is not executor, until probate is started and she gets approved by the court. she's already been approved


And just be wary of leaving things in assisted living or nursing homes. My MIL had a number of things 'disappear'. There are too many people in an out of the rooms and/or my MIL hid them, never to be found again.

I presumed (maybe incorrectly) she has already been appointed exec. right

If she hasn't, as Kiawah stated, she has no power to do or demand anything until when, or if, she is appointed exec. so when she's executor she can demand this stuff WHILE she's alive?



Thanks for the replies, however, none of them answered my questions.

I'd also like to know the amount of time the executor of the will has to collect and transfer my father's belongings to my mother (which in reality she will be transferring the belongings to me b/c I have POA and I want them in a safety deposit box). I'm worried they are just going to try to "collect and transfer" them for as long as possible.


Also - as the POA do I have any obligations to report finances to my siblings or the executor of the will? They are now demanding to see all their finances and I don't want to show them.
 

justalayman

Senior Member
TXlaw;2660211]Thanks for the replies, however, none of them answered my questions.
no sense in trying to answer a question that is not defined to some extent to be able to provide a somewhat accurate answer.

I'd also like to know the amount of time the executor of the will has to collect and transfer my father's belongings to my mother (which in reality she will be transferring the belongings to me b/c I have POA and I want them in a safety deposit box)
strangely enough, even though you say we didn't answer your questions, (which I believe we did), you never asked this question.

as well, I'm a little lost. You said your sister has already returned everything to you.

. I'm worried they are just going to try to "collect and transfer" them for as long as possible.
as long as probate is open or some particular asset is distributed, the exec has control of the property.


Also - as the POA do I have any obligations to report finances to my siblings or the executor of the will? They are now demanding to see all their finances and I don't want to show them.
of course they have a right to the records of the decedent. How else are they supposed to calculate the estate and figure out who gets paid? You have nothing to do with your fathers estate anymore. It is all within the control of the exec. They do not have a right to your mothers records (unless they are part of some joint accounts with your father).

. I know but all my father's belongings transferred to my mother and I have POA over him
No, you do not have his POA. Your POA for your father ceased to be in force once he died. You have no power concerning your fathers estate.

I know but all my father's belongings transferred to my mother and I have POA over him
actually, no, they didn't. Only jointly owned property and items such as transfer on death accounts transferred to your mother at your fathers death. Until the will is executed, your fathers estate still owns the property. Due to that, the exec has control over his property. The exec can seeks a court order to demand you turn over his property and records if need be.

Until the estate is probated, there is no way to determine if there are any actual assets to give to your mother. If his finances demands his property be sold to pay his debts, then that is what it is.

and here is something that makes absolutely no sense what so ever:

His will says everything he owns goes to my mother (his wife).
Also - the will only says that everything will be divided "equitably" between my siblings and I (I have 3 other siblings).
sure sounds like there is a serious problem with that will.
 

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