Can I make an undocumented personal loan to myself as executor of my Mothers estate? I am also the POA.

Follow
Share
This question has been closed for answers. Ask a New Question.
8

Answers

Show:
From a legal perspective, no. Even if the POA has certain language or permissions that would permit transfer of assets, however temporary, the law is clear that any such action must be to benefit the principal and must fall in line with past practices and the estate plan of the principal - NOT to benefit the attorney-in-fact.

In almost every state, there is law in place that allows the beneficiaries of a person's estate (even if the principal has not died) to move forward with requesting an accounting.

Finally, you say it would be "undocumented". Well, as soon as you pull the money out of the bank, sell an asset and use the proceeds for your own benefit, transfer or move assets, it's documented. Unless there is a stash of cash in the attic that no one knows about, there's no such thing as "undocumented". Frankly, if you were contemplating this and could justify it against the terms of the POA, I don't know why you wouldn't document it, including a repayment schedule and a statutory interest rate calculated into the matter, and a clear chain of evidence regarding the transaction.

I look at 10-15 POAs in my legal position at a financial services company. This kind of action is specifically what we scrutinize the POA itself and the transaction against - self-dealing. I realize you are asking a question, but this just reeks of self-dealing at a minimum, up to financial exploitation of an elderly person/elder abuse on the harsh end of the spectrum.

If you have a POA, you have a special position of duty and trust. No one - legal or layperson - would recommend you take an action that is completely over the line of the trust given to you through that document.
Helpful Answer (4)
Report

justdave, any time a person passes on and there is an estate, this estate will need to go through the County/City Probate Court, unless everything was placed in a Revocable or Irrevocable Trust prior to death.

Thus, every penny needs to be accounted for numerous times during the probate process. If the Court finds any changes in the accounting, the Court will demand to know what happen to those funds. The funds can only be used to pay off debts owed by the Estate.
Helpful Answer (1)
Report

Suppose your mother were a company, and you were the company's bookkeeper. Would you think it okay to make yourself this undocumented personal loan, planning perhaps to pay it back out of next year's wages?

I'm curious, though, so I'll bite: how did you think it might possibly be justifiable?
Helpful Answer (4)
Report

It would be considered elder abuse. Believe me, someone will notice that money gone...and that you took it!

Just don't
Helpful Answer (1)
Report

You can't be both executor and POA at the same time, one expires at death and the other only comes into force after. Both are positions of trust where you are required to look out for the person who granted them, not your own interests. Why would you even consider "borrowing" money from your mom/mom's estate without documenting it if you truly intended to pay it back?
Helpful Answer (3)
Report

Undocumented? Never.
Helpful Answer (1)
Report

No, I believe in most places that would be considered theft.
Helpful Answer (1)
Report

No! Just No!
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions