If I was power of attorney and acted in the best interests of my parent, cleaned out the house to get it ready to sell to cover costs for care, deposited any and all monies received for any reason, is there any reason to hold up the will from a sibling who is the executor and who claims that I am lying about my actions, and who wants to send an appraiser to my house to search for things I don't have?
3 Answers from Attorneys
You were able to act as agent under the Power of Attorney only during their lifetimes.
In what way are you "holding up the will?
You may be required to account for your actions as agent.
If the sibling has probated the will and been appointed by the Surrogate's Office as the Executor/Personal Representative of the last of your parents to die, the Executor may seek to get an accounting and to have your parents' home appraised, and if necessary, to look for items that the Executor claims were removed from your parents' home. If you had them removed to get the house ready to sell and to to cover costs for care, you will need to be able to document all of that.
You should consult with an estates lawyer to assist you in dealing with the administration of your parents' estates and with responding to any claims and requests being made by the Executor.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Miriam is correct. Having been through several of these, you cannot avoid having to account to the Executor for your activities under the POA. Unfortunately, these matters happen in the best of families, so be prepared.
You need to sit down with a lawyer and prepare for this.
Call me, and I will assist you.
Robert Davies, Esq.
201 820 3460
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