Legal Question in Wills and Trusts in Washington
Power of Attorney & will
My sister in law has had P O A of my father in law for last 5 yrs. For the last 4.5 yrs father in law has lived in Adult Foster Home. His Social Security and retirement has paid much of his monthly rent at the Foster Home. My problem is, most of his accounts have been drained also my sister in law went and emptied two safes at his house the night before he died. And about 90,000 in gold has also disappeared. She has never given my husband an accounting of his finances. My father in law is my husbands step father but he left a will that states every thing is to be divided equally between the 2, but I think the only thing left is the property that my husbands real father had. Is my sister in law required to give us an accounting of his finances for the last five years
that she has had control of? I also know that there were accounts of my father in law that she got into on the internet pretending to be him so she could get access of his money. The only account her name was on was a checking account. She has turned the will over to an attorney but will not give us his name or let us go with her to the attorneys office as we have requested. She is also executor of the will. Thank You
2 Answers from Attorneys
Re: Power of Attorney & will
Wills are public documents. In order to probate your father in law's estate, the will has to be filed with the court, generally in the county where your father in law was domiciled at the time of his death or where he owned real property.
You can go to the superior court and ask the clerk to direct you to the file and you can look at it.
Your father in law *may* have left property to his son (your husband) individually or per stirpes, which would mean that you have an interest, but it depends on how it was written.
Ms. Petrey is right that the attorney in fact's transactions may have been legitimate, or possibly not. Hard to tell on these facts.
But there is a statutory mechanism where the beneficiaries can ask for an accounting and the attorney in fact can be ordered to provide an accounting. Same thing for the P.R. (executor) for the estate.
Your husband is entitled to notice of the proceedings, and you can find another attorney in town who can request the accounting, etc.
Your County Bar association can help you find someone if you don't know anyone. Many attorneys will offer a free or limited cost consultation.
Hope this helps. Elizabeth Powell
Re: Power of Attorney & will
First and foremost, you do not have a problem, your husband does. Unless you were expressly named as a heir, you will not have a right to the property in your father in law's estate. Inherited property is separate property even when the person is married.
Should your husband wish to pursue an accounting he can see an attorney who handles probate litigation.
Personal property such as gold coins in a safe can be difficult to trace and verify its existence. Agents under a durable power of attorney must not engage in self dealing such as draining an account or taking personal property and using it for their own benefit. However, if the agent used it to benefit your father that is permissible.
Care such as your father in law received IS very expensive, and, any allegations that you raise should have some grounding in actual fact.
Most retirement pensions and social security are wholly inadequate to cover this level of expense. Thus, it is entirely likely that $90,000 plus in assets could easily have been consumed appropriately and rightfully.
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