Legal Question in Wills and Trusts in Virginia

Mother put money into an account for me to inherit adding my name as POD, Sister who is General POA wants to close this account & consolidate all Mom's funds in one account causing me to lose the POD. Her motives are suspect to me. Does she have the authority to do this, do I have any legal recourse to stop her or to inherit my portion in the probate process? Mom is in advanced dementia and unable to intercede on my behalf. Should I bother to consult with a lawyer at this point?


Asked on 5/23/12, 11:57 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Consult with a lawyer; a person holding a power of attorney should do what the grantor of the power would do, and that has been expressed by her making you the POD beneficiary of that account. Your sister has a fiduciary responsibility to insure she follows your mother's wishes, and a responsibility not to improve her own position by exercise of her power of attorney.

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Answered on 5/23/12, 2:07 pm


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