Legal Question in Wills and Trusts in Pennsylvania

I took care of my father and gave him a home for 2 years. my siblings did not bother with him. his will had 4 people including me. he had life ins. , annuities and an ira left to myself and my spouse. now they are after the poa information and the life ins, annuities and the ira which is non- probate. can they touch what is non probate? do they have any rights if they did not help with my father or didn't even bother to call on holidays. now he is gone they are there questioning me.


Asked on 7/08/11, 7:17 am

1 Answer from Attorneys

You are jumbling too much together.

What does the POA have to do with this? Powers of attorney end at death. Is your father still alive? Or is he deceased? Who was the agent under the power of attorney? You?

Whoever was power of attorney over your father's property (his money, finances, etc.) should have kept scrupulously good records. The agent was obligated to use your father's money for your father's benefit and should be able to show what assets your father had and how they were spent. If your father is deceased, the power of attorney's duties are at an end and the only remaining duty is to provide the personal representative under your father's will with an accounting of any assets in his (the agent's possession). If you are the power of attorney, see what it says about the duty to provide an accounting.

Assuming that your father is deceased, then things like life insurance or annuities, non-probate beneficiary designated assets, would be paid to whomever is the beneficiary of those assets. If it is you, then its you. You do not have to account for this. However, if there are questions that you somehow became the beneficiary through fraud or undue influence then it is possible that other heirs could seek to impose a constructive trust over the funds. It is also possible that if you abused your powers under the power of attorney, then the other heirs can sue for recovery of any funds.

This rule applies regardless of whether the other heirs bothered with your father or not. The only question is when did he designate you as the beneficiary and was this the product of his free choice and done while he was mentally competent? If so, then you really have nothing to worry about unless your siblings can afford to hire an attorney, can prove the fraud/undue influence and there are a significant amount of assets at stake..

If your father is deceased, the only person authorized to inquire about things is the personal representative of your father's estate, not the other siblings. I can see why the personal representative wants to know about non-probate assets. You might want to provide the personal representative with a list of the items. If its you, then I presume you know what you did and you and the estate attorney would account for this in any tax returns or other documents, if it is required.

If the other siblings don't like it, then they can always try to remove you as personal representative of the estate. However, lawsuits cost money and if your siblings don't have money to hire an attorney or are not going to get anything from the estate (either because there is nothing there or because you kept good records and there is no wrongdoing) then they are not likely to pursue this.

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Answered on 7/08/11, 2:38 pm


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