This whole story is a mess and to hard to really explain, in summary though my wife's father gave POA when he was coming down with dementia to his friend whom which he had an affair with as well, without anyone letting my wife and her brother know that she was taking POA. Basically we believe she told him that the papers he was signing meant they would take care of him, and she told us she never wanted POA but like I said she still took it without letting anyone know.
My wife simply wanted to care for her father and that right was taken away, it was pretty brutal to see and watch.
That all side, the woman would not relinquish any info at all. Not a single iota of what money he had , she sold his house, she told us his life insurance lapsed etc...
Now on the will however my wife is listed as executor of the estate. What rights does she have legally if the woman who was power refuses to give up any information so that my wife can even look over the estate?
She just says theres nothing left, but how can someone who is executor of the estate handle anything or even confirm if the former POA wont oblige at all, does that person have any legal obligation to give the info over, records etc...or can a POA just say sorry theres nothing left and the executor be left with nothing to sort out ?
Would love some info if someone could, thanks so much
Have u gone to probate? If so you received a short certificate. This gives you authority to obtain all his financial records. The bank should be able to print out all accts in your father's name, CDs, IRAs ect. Once u have acct #s you can look up his statements and see where the money went or didn't get deposited.
that could mean that expenditures made by the POA need to be documented. (Should have been all along). Filling in all the blanks is a huge job if it wasn't documented contemporaneously. But, still has to get done
since the POA in your case is trying to just walk away....executor needs to contact the banks and get all records...contact social security and get all pay outs and where deposits were made, contact any pension fund, etc and get those records......and needs to get a lawyer to force the POA to turn over all records...and if there are none...threaten to bring fraud charges unless former POA cooperates to the maximum.