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durable power of attorney

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A

Alaskaland

Guest
my sister-in-law obtained a durable power of attorney over her father approx. 1 year before his death as he was 80+ years old and in questionable mental status. She stated she was also the executor of his estate. She had my wife removed from his joint bank account and cashed in 5 life insurance policies. She sold his expensive 4wd when he died about a year ago and had him cremated against his wishes. She now says she was not executor and has refused to give any accounting of what she did with the approximately $50,000 in his estate. This occurred in Missouri. My wife and I live in Alaska and I was named executor in a will he executed in 1979. What do we do?
 


ALawyer

Senior Member
She stole the money and assets.

A power of attorney expires at death. As attorney-in-fact shemay have exceeded her powers and the financial institutions that acted MAY (not likely but possible) be liable too.

A Will is NOT self operating and must be filed for probate. You should have asked for a copy and gotten notice of the filing if you are heirs at law.

NOW what to do? Get a lawyer. The lawyer would probably demand she repay the rightful heirs and do a full accounting, and if necessary file the old Will for probate to give you legal power.
 
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