Legal Question in Wills and Trusts in New Jersey

I was my father's power of attorney, and also a joint owner on his bank accounts. My sister is the executor. My father passed away and my sister is suing me, saying I stole money from his account and that I must provide a log of my actions during my time as power of attorney as well as all of the transactions of the bank account. I know it is my legal obligation to provide an accounting of my actions as POA, but why would I have to explain every transaction made to the bank account before, during and after my time as POA? It does not seem like she would be entitled to that information.


Asked on 10/21/13, 3:20 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Unfortunately, as the POA for your father, primarily responsible to handle his affairs, you also had a fiduciary duty to all of his heirs to see his assets were not improperly used. Thus, the executor of his estate has the right to ask you to account for all funds coming into your possession while acting as POA. You do not have to provide anything before your appointment unless it involved you personally. For example, your being on the bank account has 2 separate and distinct repercussions. Was this a gift to you from your father, in which case you could keep the account, or was it merely created to be an accomodation to facilitate your handling his finances, in which case any proceeds left over would belong to the estate. Items like this explain why you need to account for all activity.

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Answered on 10/21/13, 3:39 pm
Robert Davies The Davies Law Firm, P.A.

You really need a smart lawyer, and right now.

so call me.

Robert Davies, Esq.

201 820 3460

Hackensack, New Jersey

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Answered on 10/22/13, 8:10 am


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