Legal Question in Wills and Trusts in New York
Power of Attorney Taking Money from Estate
My mother is executor of my aunt's will (my mother is sister to my aunt's husband who died 10 years ago), but before my aunt died a couple of months ago, a niece by marriage on the other side of the family was Power of Attorney. She became POA when her husband, my aunt's nephew, died last year. It was set up to pay my aunt's nursing home bills and any other bills to doctors, hospitals, etc.
I found out from the attorney who is handling the will that this woman took $147,000 from my aunt's accounts. One account for $100,000 she transferred to her own name in a bank down in Texas. The $47,000 was supposedly for bill paying, but my aunt died a couple of days after this woman took the money. She told the lawyer that she would write a check for the $47,000 to give it back, but the check she wrote was from ANOTHER of my aunt's accounts!
My question is, what can we do with this woman, and what are our rights - the other beneficiaries? There are about 30 of us, and this one woman has taken about 25% of the estate. She was written into the will to receive 5% like the rest of us. Do we have to sue her or what?
Thank you!
2 Answers from Attorneys
Re: Power of Attorney Taking Money from Estate
This is a complex situation that requires that you sit down with an attorney with the documents that reflect your distress. An email response would not do. sorry
Re: Power of Attorney Taking Money from Estate
You can sue her! An attorney in fact has a fiduciary obligation to manage the ward's funds for the ward's best interest, not for the best interest of the attorney in fact.
You may also be able to bring criminal charges here. You should consult with your attorney and you may wish to get an attorney in Texas before you do so. Be extremely careful before bringing or attempting to bring or threatening to bring criminal charges. It is a crime in Massachusetts to use the threat of a criminal proceeding to collect a civil debt.
There is a large sum of money involved and it is in your interest to obtain and pay for top-flight legal advice.
Fiorentini Law Office
Haverhill MA
www.fiorentinilaw.com
1-800-834-6964
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