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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My brother passed away in January 2013. I had joint POA with

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My brother passed away in January 2013. I had joint POA with someone in Scottsdale AZ where my brother lived in a care home. She had a will set up in 2010 she was the executrix of the will and notarized it. She is a Notary Public. She had his taxes done on April 8th. Form 131 "Claim for Refund on Behalf of Deceased Taxpayer" She has refused to pay the fee $180.00 to my brother's CPA sent the invoice/bill to me all was addressed to her. She placed the invoice in an envelope with the envelope with CPA address hand written the return address of the CPA. I contacted the CPA had no idea what or why she did what she did. I was told she didn't pay and now think she is not going to pay this is the reason for sending to me She wants me to pay the fee and she is going to collect the refund in around 3wks receive two checks for from IRS $434 state $11.00. She also never notified the creditors of his death "Notice to Creditors of Death" I did it along with paying for two death certificates .
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. Your POA automatically terminated as of the date of your brother's death. You thereafter have no authority and/or obligation with regard to your brother's affairs. Thus, you have no obligation or authority with regard to this bill; rather, as executrix of his estate, she has a fiduciary duty to use estate assets to pay the debts and liabilities of your brother and his estate.




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Customer: replied 4 years ago.

You did not answer one key question my main reason I contacted you " She has refused to pay the fee $180.00 to my brother's CPA sent the invoice/bill to me all was addressed to her. She placed the invoice in an envelope with the envelope with CPA address hand written the return address of the CPA. I contacted the CPA had no idea what or why she did what she did. I was told she didn't pay and now think she is not going to pay this is the reason for sending to me She wants me to pay the fee and she is going to collect the refund in around 3wks receive two checks for from IRS $434 state $11.00." I will not pay any more since my whole question was not answered

I'm so sorry..thanks for following up with me. She has no right to not pay the bills or to keep any refunds. The estate and its assets are not her personal piggy bank. As executrix, she has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If she fails to pay the bills, or fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have the executrix removed for breach of fiduciary duty. If there is any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the her.

If I have failed to address your question fully, please let me know and I will be happy to continue to provide whatever information is necessary until you are fully satisfied!!!
Richard and 5 other Legal Specialists are ready to help you
One additional point...if you paid any amounts on behalf of your brother or his estate from your own funds, you can make a claim with the estate for reimbursement as any third party creditor would make and the executrix must pay that claim prior to making any distributions from the estate to beneficiaries.
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