Legal Question in Wills and Trusts in Pennsylvania
Unfarily distributed estate money
Aunt is power of atrny. Parents still living. Sold parents house 2 yrs ago(for260,000)w/o their knowlege.Gave 10,000 to herself, her daughters, nephew, husband and her brother.Told brother he would get 10,000 a year for 3 more years, but 2nd year only gave 1,000.Told him because their was only enough left for father's care to be paid for 4 more years.This is when he found out the children got the money.There was over 380,000 and he can't understand why there is less than 80,000 left.Knows she spent and gave more, but all w/o discussing with him.The will states a 50/50 split between he and her. He can't talk to the parents, they would be devistated and die. He's afraid if he gets power of atrny, there won't be enough funding left for his parents care and he will have to get loans and pay himself. The way she is handling the accounts are unfair(and he's mad her children got money and not his) and I think all matters should have been handled together, brother and sister.She says she can do what she wants with the money, but also said her atrny avised not to spend so much, but did it anyway.What can the brother do? He thinks most money should have stayed in the accounts until they died.Is unfair legal?Can he gain anything by fighting?
1 Answer from Attorneys
Re: Unfarily distributed estate money
Some power of attorney documents give the POA the authorization to make certain gifts. The actual document is needed to review. If she in fact disbursed funds that she was not authorized to then she would be personally liable to the parent's estate.