Legal Question in Wills and Trusts in Pennsylvania
uncle's estate
My brother and I signed waivers of our right to an Accounting as it was stated (by POA's attorney) that they could be revoked at any time.We were told that if we signed the wavers it would save time and money, which so far has not been the case as uncle died 14 months. ago.My uncle had became incompetent and was in a nursing home before his death. I want to see the 5 stock company policies for possible prior beneficiaries that may have ever existed when he was cognitively aware.The POA says the accounts were opened long, long,long ago and he has no way of knowing if his sister .(also now deceased)or anyone else was ever listed as a beneficiary .POA says it wouldn't matter since these are investments, not IRA or insurance policies. How do I get the needed info since the POA/ Executor is the one who has been reinvesting the money and has gotten it to be the estate that it now is. My question to anyone is Would it be more productive to use the Orphan court , and revoke the waivers or both? I was under the impression that investments pass outside of the estate. Thankyou .Gratefully yours, niece
1 Answer from Attorneys
Re: uncle's estate
If you are not satisfied with the information you've received your options are limited and expensive. If you can get around the waivers you should require the attorney in fact to account for all of his transactions while he had the power. I'm not sure if you are describing an estate accounting or and accounting by an attorney in fact. You must review the options with an attorney in your county who is familiar with the area. Then you'll have a better basis for a decision.
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