Legal Question in Wills and Trusts in Massachusetts
Power of Attorney, executor of a will
My sister is power of attorney and executor of the will for my mother who is a widow, when my mother asked for a copy of the accounting (after this suggestion from her attorney)my sister said she couldn't provide this as it was ''too much work''. Is she responsible legally to do so?
2 Answers from Attorneys
Re: Power of Attorney, executor of a will
The accounting is public record and should have been submitted to the Court. You should go to the Court and request to view the estate file.
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Re: Power of Attorney, executor of a will
It is unclear from the wording of your question what type of accounting your Mother is seeking.
A person named as an executor of a Will has no duty to account until they are actually appointed by the court as executor AFTER the death of the Testator.
A Power of Attorney merely has authority, as described in the POA, to do certain acts on behalf of the principal.
If you truly meant "Power of Attorney" and not Trustee or Guardian, the only accounting your Mother might have a right to request would be an accounting of any and all acts on her behalf were performed under the authority of the Power of Attorney. Good Luck!
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