Legal Question in Wills and Trusts in New York
Power of attorney/executor take the money
A sibling has been made POA and executor of moms finances and will. the Will leaves inheritance to be split among 3 siblings, but the said sibling with the POA has no intentions of letting any money be distributed.
Can she ''skim'' of the top as POA while mom is alive? (she has the money invested somewhere in her and moms name).
Can she take herself a nice fee before or after moms death to ''take care of business''?
After moms death, can she take the money in a way that none will be left for other 2 siblings?
Is there a way to find out the will if her or mom will not show it to us?
Is there a way for all this to be contested before the money is all rerouted and disappears?
1 Answer from Attorneys
Re: Power of attorney/executor take the money
Unless Mom was incapacitated when she granted the POA, which would allow you to contest this action, all of your questions are legitimate and demonstrate the risk the siblings have expoosure to. The holder of the POA is a fiduciary and is held to high standards, including the requirement to account to all interested parties. This does not mean that all information will ever be provided if someone wants to act fraudulently. I suggest that the other siblings speak to Mom seeking that someone else be added as both holder of the POA and executor, so some system of checks and balances be in place. Unless you can shoe fraud or incapacity, nothing can be done until Mom passes away. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
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