Legal Question in Wills and Trusts in Utah

Power of Attorney

I cared for my Father for the last 19 years. I gave up my life for the last 3 years to devote time to his care. My brother (who moved out of state 25 years ago) showed little interest in his Father until a couple of months before he passed away. Dad delegated to me durable power of attorney a year ago. He also left a will made out several years ago. Dad had given me many gifts of money over my lifetime and especially the last 2 years of his life. A month before he passed away he wrote several checks to me and asked that I take them and pay my house off. Though he had given me checks over a period of many years for special occasions and for just because,I was very uneasy about this because they totaled about $12,000. The last few years of his life he greatly resented my brother for not taking more of an interest in him. He wanted to change his will so that I would inherit his estate. He was too ill and I never pursued that. My brother has learned of one of these checks my Father has written during the last month of his life to me and is very angry. He is demanding bank statements. I am wondering because I had power of attorney what legal implications he could bring upon me.


Asked on 2/04/03, 6:36 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Power of Attorney

If the gifts that your father gave you are legitimate - meaning that your father was competent and understood what he was doing, you do not need to account to your brother for the disposition of your father's assets while your father was alive. If you are the executor of the will, you will have to account to the other heirs of the disposition of your father's assets under the will. If your brother wants to pursue this, you can tell him to sue you.

If your father personally wrote the checks, you have no liability, unless it could be proven that you unduly influenced your father. If you wrote the checks as attorney, then you may have to account, but, I would still place the burden on your brother to take legal action.

Of course you should always consider the practical costs of litigation. It may be cheaper and less stressful to settle up with your brother instead of paying the cost of a lawsuit.

You are welcome to call for a no cost consultation. (801) 876-4422

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Answered on 2/05/03, 11:07 pm


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