Legal Question in Wills and Trusts in New York
Agent use U/DPOA TO TAKE MONEY
AGENT WAS ALSO THE EXEUCTOR.WHEN in the account using the u/DPOA TO STEAL MONEY. hAS NOT PROBATE THE WILL,IT will be two years come December,the Lawery won't speak
with any of us. the one that made up the will.please help me
1 Answer from Attorneys
Re: Agent use U/DPOA TO TAKE MONEY
It appears you have to bring a suit to compel the holder of the POA to account for his activities as POA. Do you have a copy of the Will or can you get one? If you are a member of the family of the decedent, you might be able to be appointed as the Administrator of the decedent's estate. You may also have a claim against the attorney who made the original Will. I suggest contacting a local attorney familiar with estates to assist you and, possibly, the State Bar Association Ethics Committee. This is a response to an Internet question and the reply is not to be considered as legal advice or as creating an attorney-client relationship.