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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33781
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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How do I request an accounting of my fathers' estate in

Customer Question

How do I request an accounting of my fathers' estate in Pittsburgh Pa. My sister was financial POA, myself medical. She created all kinds of ten thousand dollar funds for weddings, engagements, babies, when these occurrences came about in her children's lives. Father died 8/30 and she is rushing everything. I stated I wanted to see accounting for the last ten years. He lived to 99. She stated she was moving forward. He did have over a million at one point.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Has anyone filed a probate case to settle father's estate yet?

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Did he have a will when he passed?

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If so, who is the named executor of the will?

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Did father direct her to or was he aware of the actions she was taking while he was alive with his assets?

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thanks

Barrister

Customer: replied 1 year ago.
Sister is financial poa. Yes. She just filed with an attorney. Yes. He had a will. 98percent went to his 3 daughters. The rest to grandchild, small amounts. The last piece is questionable. I cared for him in my home for 3 years and then in my personal care home for 5 years. He had intermittent dementia. Could be oriented one day and not the next. She took over full control of his money.
Expert:  Barrister replied 1 year ago.

Ok, when someone passes away, any POA that they granted expires. So while sister might have been a financial POA holder while father was alive, when he passed, her power to act extinguishes instantly and she can no longer take any action with regard to his assets.

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After he passed, his estate then owns the assets and only the Executor or Administrator (if he had no will) of his estate has the power to do anything to settle his estate and distribute any remaining assets.

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So if sister is not the executor named under his will, then she wouldn't be the one to settle his estate.

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With all that said, if he told sister to take these actions with regard to his money when he was alive, then they would be legal for her to do as he has the right to dispose of his assets however he chooses.

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But even if he didn't direct her to do so, it is a virtual certainty that she will claim that he did if any of the heirs were to file suit against her for breaching her fiduciary duty to take care of and preserve his assets and instead taking them for herself.

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So you could file a breach of fiduciary duty lawsuit against her in the local probate court and then attempt to prove that father didn't have any knowledge about her actions in taking his assets. If you can do so, then the judge can order her to repay any improperly taken assets from father to his estate and they will be distributed according to his will.

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thanks

Barrister