Possible Will Change and Power of Attorney questions?

[PokerAce]

PA

A family member recently passed away from cancer. Towards the end of his life, he had gotten very sick and his niece acquired Power of Attorney. My mother and some other relatives received inheritance checks in the mail. The amount received was less then they believe should have been allocated to each of them based on what they thought to be in the Will and what they believed the deceased family member had in assets. The concern is that the person who acquired Power of Attorney managed to do something with some of the money. I am in the process of getting a copy of the Will, but in the meantime here are the questions/issues that I have.

1. It seems as if a person with PoA cannot change a Will, however, can a Will be changed AFTER granting Power of Attorney, say by someone who might be too sick to realize?
2. Can the person with PoA move funds and assets to make it appear as if the deceased had less? Can I obtain a list of all of the financial transactions completed by the person with PoA, and is that a public record. How do I request such information?
3. My mother’s inheritance was shortened by $5000 because the person who passed away had given her that amount for a major home repair a week before his death. Instead of her receiving $20,000 – Tax, my mother received $20,000-Tax-$5000. Is that legal?

I’m sure everything is on the up and up, but I want to be certain that one family member did not cheat the others.

Thanks for any response.

 

[anteater]

PA
1. It seems as if a person with PoA cannot change a Will, however, can a Will be changed AFTER granting Power of Attorney, say by someone who might be too sick to realize?

Generally, granting a POA does not prevent the person granting the POA from conducting their own affairs. "..too sick to realize.." is pretty vague. You would have to prove that family member was incapable of undertanding what they were doing or were subject to undue influence. But, if that were the case, what was this family member doing by making a $5,000 gift to your mother one week prior to death?

2. Can the person with PoA move funds and assets to make it appear as if the deceased had less? Can I obtain a list of all of the financial transactions completed by the person with PoA, and is that a public record. How do I request such information?

Again, "...make it appear as if the deceased had less" is vague. A person holding a POA cannot engage in self-dealing conduct. No, financial transactions before the family member's death would not be public record. But, the actions of the agent can certainly be challenged by bringing a suit before the court. Then, financiial records could be obtained.

3. My mother’s inheritance was shortened by $5000 because the person who passed away had given her that amount for a major home repair a week before his death. Instead of her receiving $20,000 – Tax, my mother received $20,000-Tax-$5000. Is that legal?

Well, let's say that, if your mother does not contest it, then nothing is going to happen and, defacto, it is legal. Unless there are some documents or other evidence indicating that it was a loan, I would object ot this adjustment. But it is up to your mother to take action.

You should have your mother consult with an attorney on all these matters. The way you are writing makes it sound as if this is all in the past, including the final distribution. If your mother is going to act, she needs to do so quickly.

 

[Dandy Don]

You won't be able to get access to the financial information, but the beneficiaries should be consulting with a probate attorney to find out if your state has laws against abuse of POA, which could be what happened here. If the financial records show that this may have happened (she got monies without keeping receipts to account for how she spent it on the care of the decedent), then the police may be able to charge her with abuse of POA without you having to file a separate lawsuit in probate court to recover the monies and she will have to repay.

Was the $5,000 a loan to be repaid or a gift and is there anything in writing to show exactly what it was?

DANDY DON IN OKLAHOMA ([email protected])