Legal Question in Wills and Trusts in New York

The Wicked Stepmother
When my father married his second wife (after my mother died), he had $300,000. They bought a house for $60,000. He had given me power of attorney. After they had been married for awhile, he signed a power of attorney naming her. Mine was never revoked. Neither was filed in either county in which they resided (Wyoming and Erie). He died last September. She states there is no money left. I find that hard to believe. My lawyer says that if she waved her POA around, there was nothing to stop her from grabbing the money under whatever pretenses, while he was still alive. My understanding is that she cannot have used this POA to feather her own nest. I want to have some scrutiny done of their financial records for the last year of his life. I am the executor. How do I stand, in your opinion?

Asked on 10/24/01, 8:48 pm

Norman Nadel Norman Nadel, Esq.

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Re: The Wicked Stepmother

You have a lot of rights as the executor.

You are right; the power of attorney is given to carry out your dad's instructions. It is not to be used as a give away.

You can obtain an order to examine all records involving your father's funds and follow them into accounts controlled by his wife.

Answered on 11/22/01, 2:49 pm

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