he was the power of attorney, the amount was approx. $40,000. I would have to get back with you about the escrow agent. He had given us $5000 at one point and said that we could not withdraw anymore until the lawyer was paid.
Lawrence,Thank you for your follow-up. A power of attorney would indeed allow him to remove the funds. My only concern here is 'why' he removed the funds. If he removed them to pay attorney fees or other expenses, then his removal is both valid/legal and permitted. If he simply removed the funds because he could (as he had a POA), that is not permitted because your wife had a right to a third minus all expenses owed. The amount she is owed would then be likely higher than small claims, meaning your wife would need to retain counsel and sue the uncle in either probate court or district court for her share of the funds, plus court costs and attorney fees.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).