Legal Question in Wills and Trusts in New Jersey
Am I entitled to an accounting under a power of attorney after someone dies? I am a beneficiary under my father's Will. He sold his house 6 months ago for $320,000.00 and died 5 months later. My sister who was his power of attorney says that there is only $40,000.00 left in the estate and has advised me that she does not have to account the sale proceeds because she did not write any checks under power of attorney.
3 Answers from Attorneys
I believe that you can request an accounting. Even though the house sold for $320,000, what were the net proceeds to your father. Depending on whether there was an existing mortgage, he may not have realized anywhere near the full amount. Also, did your sister sign any of the sale dosuments? Please call me to discuss this matter further. My telephone number is 732-663-1500.
Thank you.
Your sister is just completely wrong.
I have handled several lawsuits like this, and I would be happy to speak to you.
Give me a call at 201-820-3460, and let's see what I can do for you.
Since she was in a fiduciary position as holder of the POA, she should account, even if she did not write checks. The Executrix has the right to order back bank statements and copies of checks, so this c ould be pressed to get the missing information, also. This is a reply to an Internet question, and the response is not to be considered as legal advice or as creating an attirney-client relationship.
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