Legal Question in Wills and Trusts in Missouri
Power of attorney abusing his privaleage
mother had all monies, bank accounts, cd's etc in her name and names of son and daughter. She wanted everything to go to them 50 /50. Mother went into nursing home. brother has power of attorney. Both Brother and sister are listed as executors on will. Brother opened new checking account in he and mother's name. all income goes into it. all expenses come out of old account with both brother and sisters name on it. Brother is closing cd's as they come due. putting money in new checking account and then transfering it to different banks and opeining new cd's in just his and mother's name. He is systmatically taking sisters name off of all accounts. Can he do this?
Mother is not aware of what he is doing. It is true that any account listed in just his and mother's name will go to him only when mother passes? Anything sister can do to prevent his taking sister's half?
1 Answer from Attorneys
Re: Power of attorney abusing his privaleage
Yes You can demand an accounting under the power of attorney and move to have him removed as attorney in fact in probate court for your mother due to his mismanagement of mother's assets.
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