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Nate, Attorney
Category: Estate Law
Satisfied Customers: 10686
Experience:  Over 10 years of legal estate experience.
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What accounting can I legally ask of my brother who holds the

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What accounting can I legally ask of my brother who holds the Power of Attorney of the estate of our now deceased father. He borrowed a large sum of money from the estate and had credit cards in Dad's name. Can we ask for copies of the credit card statements, income tax returns, income sources and general expenses? What other rights do we have?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

I want to clarify everyone's role in the situation before I offer a specific answer.

You mentioned your brother has Power of Attorney. A power of attorney ceases to have effect when someone dies.

Has your brother been appointed the executor or administrator of the estate by the court?
Customer: replied 3 years ago.


Your rights are limited to information regarding what you are entitled to inherit. That said, if you have some good faith reason that he is squandering or misusing the estate's assets, you can file a motion with the probate court asking that he be replaced for that reason.

You would not be able to inquire into the inner workings of the administration of the estate, but the judge can. He will determine whether a change needs to be made in order to preserve the estate's assets and appoint a new executor if necessary.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 3 years ago.

So, since our father has died we no longer have a right to question him about his doings as Power of Attorney? We feel that any mismanagement occurred then.

You can still discover that by doing what I suggested previously. Any evidence of misconduct as power of attorney would disqualify him from continuing on as executor. If he did behave improperly, the new executor can then sue him on behalf of the estate.
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