Legal Question in Wills and Trusts in Pennsylvania
misuse of power of attorney
my cousin and I were given POA for another cousin. After her death $80,000 in cash remains and her home. She has a $30,000 nursing home bill to be paid. My cousin says the remaining money that is left, because his name is on the checking account along with my deceased cousin's name, is his. This chcking account was not created until after she was sick and her savings account, CD's and IRA's were placed in it to pay her bills. Therefore,he says the house will have to be sold to pay her bills. I disagree and feel that the cash remaining in her estate should be used first to pay the bills and the house not be sold until the money is used.Also, the will says that any monies left, after all bills and any monies owed people in her will are paid, would be divided equally between my cousin and myself. I have asked my cousin for the financial paper work to see what my cousin's assets were at the start and how they were used but he refuses to give them to me. I asked the attorney who is in charge of her estate to give me the same papers but he also refuses. He has been my cousins attorney for years and good friends. I am afraid he is protecting my cousin. What can I do to get the paperwork? His POA only started Jan 2006 -Oct.31, 200
1 Answer from Attorneys
Re: misuse of power of attorney
You will have to go to Orphans' Court in the County where your aunt resided and where the estate is being administered, to seek an accounting from your cousin under the POA. You may also want to seek a formal accounting with respect to your aunt's Estate.
You should engage an experienced estates lawyer in that County to assist you.
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