Legal Question in Wills and Trusts in Maryland

Uncooperative POA

I am one of the co-executors of my mother's estate. I am trying to make the 1st inventory for the probate court, POA won't give over the family accounts (mother died recently). POA

only gave account numbers for 4 accounts, I found 5 more accounts on my own. Frustrated! POA (my older brother) is beligerent, is possibly sitting on cash from sale of mom's condo, says after probate is done, if things work out will talk about what he is sitting on. What do I do? The other co-executor won't stand up to POA.


Asked on 2/28/07, 6:52 pm

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Uncooperative POA

A PoA ceases its existence at the death of the grantor and it is at this time that a probate estate may be needed (i.e., real estate, other property, etc.)

The sale of the real estate can be traced through property deeds. Other co-mingling of funds may be related to a lapse of accounts.

Please contact my office should a personal representative want to come forward to represent the estate.

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Answered on 3/01/07, 10:12 pm
Richard Abraham Abraham & Bauer, LLC

Re: Uncooperative POA

If this is a Maryland estate, on receipt of actual notice of the Grantor's death, the POA agency stops

Send your brother a certified letter deatiling your alarm and demanding he turn over all paperwork by a date certain. If he does not ask the Orphans' Court to schedule the matter for hearing

Be careful as co-owned assets incluing co owned accounts DO NOT normally come into the estate

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Answered on 2/28/07, 7:01 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Uncooperative POA

If this is a Maryland Probate matter, you should formally notify this person of the authority you now have to marshall the assets, and let him know that you will seek a Court order if he continues to be contemptuous. You can do this yourself or seek legal assistance. It is common for an executor to engage a lawfirm to administer an estate, in part, to deal with these types of unpleasant issues and behaviors by others.

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Answered on 3/01/07, 9:25 am


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