Legal Question in Wills and Trusts in New Mexico
Pre death distribution
My daughter had Durable Power of Attorney over my Mother's affairs while she was still alive. She cleaned out the bank account including giving money to her sister and spending wildly on herself. This took 70 days. When Mom died, she was broke. There is a will but nothing to distribute.We know it was unethical, but is it illegal?
1 Answer from Attorneys
Re: Pre death distribution
It may be. Like most things in the law the answer is in the details. An Attorney in Fact is a fiduciary. As a fiduciary the law imposes the highest duty of good faith. Her use of the funds for herself are presumed breach of fiduciary duty, but the presumption is rebuttable. Did your mom have a will before she died? Did she want everthing to go to your daughter and her sister? How much money is involved?
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