Legal Question in Wills and Trusts in Ohio

Executor distrust

My brother in law is the executor to his mothers estate. He was also the POA. Basically he has her equity funds tied up in a colatteral loan for his own personal business. Was this legal when he was POA? and with now listed on the inventory list, at probate, but still not released from colatteral loan status, can we have him replaced as the executor for either conflict of interest of self dealing. Are there any legal reprocussions from his doing ths as POA? He said his mom gave consent, bur she was being treated for dimensia and on 3-4 different mind altering medications. The doctor does not believe she was capable of understanding the complexity of the situation?

Thanx,


Asked on 7/09/03, 4:03 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Executor distrust

What type of power of attorney did he have? Was it an ordinary power of attorney, or a durable power of attorney? If it was not a durable power of attorney, then his authority to use it ended when his mother became incompetent. If it was a durable power of attorney, then he could exercise power over her assets even after her incompetence, but only within the scope of the power of attorney document. Without have read the document, I cannot make a comment on his authority to encumber the assets as collateral for a loan. If you wish to discuss this matter in detail at no cost, please call me at 216.241.2500.

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Answered on 7/09/03, 7:28 pm


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