Type Your Question Here... I am the court appointed executor of my mom's estate. My brother was her POA. We have found around $ 36,000.00 missing and unaccounted for in bank / retirement fund withdraw receipts /statements and receipts. He even wrote checks to himself and other family members and even to his ex wife, with nothing in the memo for as a gift, repayment or service. Doesn't my brother have to show where and why that money went to by receipts or can he just say he was the POA ?
Answer
As POA he had a fiduciary duty to his ward. As Executor of the estate you have a right to ask questions. If you believe he did wrong, you have the right & duty to pursue legal action against him to recoup for the estate.
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