Legal Question in Wills and Trusts in Missouri

rights of siblings without POA

My sister has the POA for my father which she got when my father was not able to make that determination. Her brother inlaw is a lawyer. My father only has money as assets. I can not get my sister to furnish me with account #'s just for my info. If something would hhappen to her I would not have that information. I am the exsecutor of the will when my father passes. What rights do I and my other sister have to that information.


Asked on 12/17/06, 1:42 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: rights of siblings without POA

If your father is domiciled in Missouri, you might be able to get an accounting ordered by the court. They are rare, but if yoru suspect waste or comingling of assets, soem judges will grant them.

If your father was incapicitatied and incompetent when the alleged poa designation took place, then it is voidable by a court. If your father remains incapacitate and incompetent, then you might consider seeking to have a Guardian and Conservator appointed for him.

That person would be accountable to the Court for what they do with your father and his belongings. I am not admitted to practice in Texas. Perhaps Texas law addresses this differently.

Good Luck,

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Answered on 12/19/06, 12:44 pm
Peter Bradie Bradie, Bradie & Bradie

Re: rights of siblings without POA

Neither you nor your other sister have rights to that information. Your rights will begin when your father's will is probated and you are named as executor.

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Answered on 12/18/06, 12:00 pm


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