Question about power of attorney

I have a question. It is supposed that my brother
who was the power of attorney and is now the personal representive of my mother acted in an
unethical manner. My mother had a will but the
estate is now in probate. My mother had several
CD accounts. Several CD accounts were closed and
we don't know where this money went. I think my brother closed these accounts using his power of
attorney and then took the money for himself.
Some of the accounts did not even have his name on
them. I think that my mother would never tell him
that he could just go and close these accounts.
These accounts where closed before my mother was
declared incompetent. These accounts where closed
last year in May and July. My mother was declared
incompetent in Dec. of last year. My brother started the incompetency process in Sept. But during Sept and Dec. my mother had my other brother
take her to the bank so that she could remove the
names of my 2 brothers that had the power of attorney from some of her accounts. Did my mother
still have the legal right to remove or add names
to her accounts by going to the bank? Is there
anything that can be done to prove that my
brother who had the power of attorney acted unethically? What do you think?

OCT 2, 2001

DEAR DNSF:

You forgot to mention what state this is in.

Your mother has the right to add or remove any names she wishes to the bank accounts, at any time.

Since the brother is now personal representative of the estate, it is his official responsibility to claim any assets belonging to your mother, and his claiming of the CD's is proper. But he is supposed to set up a separate bank account in which only moneys from estate assets (CD's, bank accounts, savings accounts and anything else) is deposited, so that an accurate record can be kept of any estate expenditures.

If you happen to know the names of the bank/banks where the CD's were held, perhaps you could check with the bank to find out what dates the transactions were done on and how much they were worth. Then your attorney could subpoena your brother's bank account to find out if he personally deposited this money in his account. But don't make any unfounded accusations against him until you have the evidence, if any.

If he is not reporting the CD money to the estate, then that is improper/illegal, but you may have to wait a couple of months (for the probate process to play out) before you find out in his official accounting whether or not he intends to report those items.

SINCERELY,

[email protected]

reply

Thanks for the info.

The state where my mother lived is Missouri, but
I don't live there so I can't do much. I forgot
to mention that most of the CDs were POD. One
account was a joint account between me and my
mother. I didn't know that my mother had made this
account. That joint account was closed by someone.

People I have talked to say that nothing can be
done since my brother had the power of attorney.

It is very complicated and my brother the personal
representive said he will keep it tied up in
probate for 5 to 6 years.

If there is enough money involved, sometimes getting a lawyer who represents YOU to send a letter and inquire will get some results. Your brother and his lawyer know that any objecting heir at law could cause the process to get expensive and delayed, and as it is their money involved, they may be willing to compromise and share something to buy peace and get it done once and for all especially if there is a basis for the suspicions.