POA Abuse?

[steph1860]

What is the name of your state (only U.S. law)? Nevada
My brother in law had poa for my father in law. A couple of Hours before he passed away my brother in law had him sign a will which would be fine everything to be split between the 3 siblings, also naming himself as executor still ok with that. There is a property valued at $54k to be sold at his discrection since he has a 5 year option to sit on it or buy us out. Also a no contest put into the will, but hours before he passed away he transferred the bulk of his fathers money from one bank to a credit union where he is the payable on death beneficiary and walked away with the money. When we received the probate notice no mention of money and he told us to contact the attorney for details which we were told the money is not there since pod accounts don't have to be included. Since this time we've been led to believe he has paid off his back child support, bought his wife a diamond ring and other expensive gifts. Is this legal? Can we get the district attorney behind us to investigate, we can't get access to bank records or how this account was obtained. Any suggestions besides having to hire an expensive attorney? We know the money is gone but would like to see charges brought against him. He lives in a small town and is the schools network administrator.What is the name of your state (only U.S. law)?

 

[anteater]

Can we get the district attorney behind us to investigate

I don't think that you understand how the criminal justice system works. You report a suspected crime to law enforcement. Law enforcement decides whether to investigate. And, if they do and decide that prosecution is warranted, criminal charges are brought.

You can certainly contact law enforcement to see how they respond. I have my doubts that this is the kind of clear cut case that might be pursued. But you don't lose anything by trying.

On the other hand, I think that you would have a pretty good shot at success pursuing this civilly.

 

[iheartmacs]

We need to stop this abuse

I am currently in a dispute with my brother. He used POA to gift himself and family days before father died. Although the checks were cashed after his death they may have been predated. He also used POA to put himself co-owner of bank account after father died. I found this out by hiring an attorney and requesting documents. They had to be court ordered because he did not comply to formal requests. So now a court trial and in the meantime the court has suspended his ability to access estate. This is going to be hard as he commingled estate money and his money. But, I feel the court will sort it out. If I had not retained an attorney (yes, it is going to end up costing a lot of money) I would end up with nothing, despite the will stating we split half and half. But the way I see it I would have gotten nothing if I let him slide. As for DA, forget it. When it involves family they will tell you it is civil. You will get no help from law enforcement. Even with proof of his using a POA after death of principal they would not do anything about it. As for the codicil of no contest, I believe it is not valid anymore. But, you are not contesting the will anyway. You are contesting POA activities, right? Bring them to justice so future bums who try this will think twice.