Legal Question in Wills and Trusts in New York

In the event that agent of the decedent (spouse) was not authorized to make gifts to herself, those gifts must be returned to the estate.

Please note that a testator (i.e. the person who makes a Will) cannot disinherit their spouse. Even if the testator's Will directs that everything is to be given to the children, the spouse is entitled to an "elective share" of the estate by law. This share is roughly fifty thousand dollars or, one third of the net estate. These amounts are subject to several adjustments pursuant to law. Please feel free to have the nominated executor of the estate contact me for a free consultation.

I have not seen the language of the POA, so I do not know what activity was authorized. If it was limited to general banking activity, John has a point. If it was very general, allowing her to do anything, it might be very difficult to upset what she has done, and proof beyond her just cleaning out the accounts may be necessary. I suggest a strong estate litigation attorney be used; one who has experience in these difficult cases. Estate litigation can be very costly and time consuming, so be prepared. The Will might be used to provide proof that her activity was not authorized. This may be important, especially if she was not the mother of the disinherited children.