Legal Question in Wills and Trusts in New York

Type Your Question Here... I am the court appointed executor of my mom's estate. My brother was her POA. We have found around $ 36,000.00 missing and unaccounted for in bank / retirement fund withdraw receipts /statements and receipts. He even wrote checks to himself and other family members and even to his ex wife, with nothing in the memo for as a gift, repayment or service. Doesn't my brother have to show where and why that money went to by receipts or can he just say he was the POA ?


Asked on 5/11/15, 3:32 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

As POA he had a fiduciary duty to his ward. As Executor of the estate you have a right to ask questions. If you believe he did wrong, you have the right & duty to pursue legal action against him to recoup for the estate.

Read more
Answered on 5/12/15, 10:18 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York