Legal Question in Wills and Trusts in New Jersey
I was my fathers POA after my father decided that my older sister was not doing as he wished. I was also made a joint owner, with rights of survivorship, on all of his accounts, as well as the sole beneficiary no is IRA account. My older sister was never around however she is the executor of his will. Since my father passed away in February she has probated the will and is now accusing me of taking multiple items from the home, which I don't have. my parents home has been open to over 20 family members for more than 30 years, and she is also asking for a complete accounting of my time as POA. My questions are as followed 1) am I required to supply her with an accounting considering these are MY accounts? 2) what can she do about accusing me of stealing? Can she take me to court?
2 Answers from Attorneys
YOU need a good lawyer, who has been there and fought this kind of fight.
to answer your questions, 1. you may be forced to file an accounting, I can tell you the smart way to deal with it; 2. she can accuse you of stealing, and you need to fight that. she can take you to court, yes she can.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
I agree with Bob and I have seen this and been involved several times. Essentially your father disinherited your sister and now she is reacting. You will probably be accused of exerting undue influence on your father to get him to change the accounts and give you the POA. I agree that she can probably force you to give an accounting and charge you with theft. Either or both will involve Court proceedings, so be prepared. Were there other assets in the estate besides those you mention? If not, and she gets a good attorney herself, you will be in for a fight and this can be both time consuming and expensive. More information is necessary and you might consider some settlement, unless you can strongly prove you did nothing wrong.
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