My Dad died and he was taking care of his mother and her finances. she passed away one week prior of my dad. I got legal power of atterny of my dad's estate. come to find out he was taking money from his mother's trust. Now my dad's sister wants the money and I have no way to trase the cash he took. Am I accountable for his actions, and the money he took??
1 Answer from Attorneys
Please accept my condolences on the loss of your father and grandmother.
If your aunt wants to recover money your dad transferred from his mother's trust, she is the one who needs to get a lawyer and prove her case. If there are no records, then there are no records. This if for her to prove. As fiduciary of your dad's estate, you are obligated to follow the law, but that doesn't mean jumping as high as your aunt says. Maybe your dad's mother made a gift to your father, or maybe those were his fees for taking care of her finances. Your aunt has to prove there was fraud and the amount. It's an unfortunate situation and if you believe your dad took money which partially belonged to your aunt, then maybe you want to make a settlement to her out of whatever assets your dad has in his estate.