Legal Question in Elder Law in Virginia

Power of Attorney/Surviving Spouse Rights

My Father died May 13, 2005. Survivors: wife, 3 children.

My brother had POA for my Father (done 15+ yrs ago) and says my Mother signed the POA as well. She is 78 and doesn't remember. My brother pays all bills, etc for my Mother. My sister lives out of town & doesn't question anything.

My Father has a will in a safe deposit box. My brother has both keys, says he has not viewed it and has avoided producing the will me or my Mother. No one knows my Father's wishes. He also has avoided showing us a copy of the POA. He also has Mother's ck'ing a/c statements sent to his address. My Mother has no idea what assets she has or doesn't. My Mother is hesitant to continue asking my brother to bring a copy of the will to her, give her a key to the safe deposit, provide her with a copy of her bank statements or provide a copy of the POA.We have asked him several times about my Father's Grave Marker being not in place...he replies ''I've taken care of it and it takes time''

My main concern at this point is viewing my Father's will and seeing the POA to determine what level of authority my brother has or does not have. What can I do to view my Father's will and POA? IF he has POA, doesn't he have a legal obligation to produce these documents?


Asked on 1/16/06, 9:58 am

1 Answer from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Power of Attorney/Surviving Spouse Rights

As to your father, the POA terminated upon his death. As to your mother, assuming she is of sound mind, she can revoke the POA (if any) that she gave in favor of your brother. This would obligate him to stop handling her affairs. Any property held jointly by your parents may be hers by right of survivorship. If the safe deposit box was in both their names, the bank has an obligation to allow your mother access. Your mother might ( or have an attorney) send your brother a written demand for the keys and documents. If he refuses, she can commence a legal action against him requiring him to produce these documets.

Robert J. Strupp

Attorney at Law, PLC

[email protected]

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Answered on 1/16/06, 11:18 am


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