Legal Question in Wills and Trusts in Alabama

Need help with possible misuse of Power of Attorney / Personal Representative

My MIL died in Sept 2002, My husband, is a sole heir to her estate, MIL sister had DPOA and became Personal Representative of the estate. During her time of DPOA she collected all assets and placed them into an account with only DPOA�s name on account. We have a civil suit against her but she not cooperating with our discovery of the assets that were collected. We have found proof that she has misappropriated the funds that she has collected. Example: She cashed husbands savings bonds but gave the money to husband�s sons, claiming it was their savings bonds. I have two questions: 1.) My husband feels that getting a copy of my MIL�s last tax return should shed some light on the assets that were collected. Is my husband entitled to a copy of the tax return? Who should be subpoenaed for Tax Return? 2.) My husband has tried to subpoena bank records of my mother�s accounts but they can�t/won�t give the information because we don�t have actual account numbers. They claim they HAVE to have account numbers. MIL sister refuses to give us the account numbers.

At this point our current attorney just wants to be done with this mess, he doesn�t seem interested in doing any more discovery for us.


Asked on 10/03/04, 2:09 am

1 Answer from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: Need help with possible misuse of Power of Attorney / Personal Representativ

Are you interested in hiring another attorney? I prefer not to interfere if you already have an attorney. Is the probate in Michigan? Please contact my office at (248)851-3171.

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Answered on 10/07/04, 10:36 am


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