Legal Question in Wills and Trusts in Rhode Island
Legally screwed?
My uncle gave my cousin power of attorney. He told me that he was leaving his home to my cousin and leaving me his money. He gave me paperwork to an annuity fund($150000) he had which named me as death beneficiary. During the 6 weeks he was ill, before he passed away, my cousin withdrew the bulk of the annuity fund. Does he have to prove what the money was used for? It was my uncle's wish for me to get the money. He had a will, but my cousin hasn't filed it for probate and gave me a false name when I asked who the attorney was that wrote the will. Do I have any legal recourse? How can I get the money that my uncle wished me to have?
3 Answers from Attorneys
Re: Legally screwed?
Tough one, due to the actions of your cousin. The holder of a Power is considered a fiduciary and has responsibilities to follow his stated undertakings. Therefore, he has an obligation to account for his actions and undertakings. Seems he has flaunted these obligations. I must suggest you take immediate action to bring suit against your cousin, compelling him to account for all actions he undertook acting under the POA, to account for all monies and other assets, to file the Will for probate, to surcharge him for removing the funds intended to go to you and for all costs and fees of the litigation. Unless the annuity was the only source of funds available to pay your uncle's living expenses, medical bills, etc., he has violated his trust and is accountable.
Re: Legally screwed?
An attorney in fact must account for the funds he handled.
The surrogate's clerks can help you with getting the Will presented for probate.
Generally, you need a lawyer to guide you in these matters.
Re: Legally screwed?
I am sorry your cousin is behaving so very badly. The death of a parent is very hard, but that is an explanation, not an excuse.
You are not screwed. Your cousin has behaved shamefully and he will be called to account for his actions.
The will should be probated. If your cousin delays, then you may (as an interested person) may petition the court directly. You may also petition to have another person appointed executor based on your cousin's bad behavior.
In addition, you have an absolute right to a copy of the will. You have an absolute right to know where the funds in the account went. If the funds cannot be recovered, then you may sue your cousin for the money.
There are more issues to be addressed here, but the first thing you need to do is go to the surrogates court and find out if the will was submitted to the court for probate. The court will give you the correct attorney's name. that attorney works for the estate (your uncle, not your cousin).
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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