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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.