I was POA for my mother on banking with Wells Fargo. The executor got all records & is demanding accounting of past 3 yrs. What should I do?

If I understand correctly, your brother wasn't involved until your mother passed and he became executor (or personal representative as it's known in some states).

That means he had NO legal authority (unless there's something else involved) until the date of her death. So he also has NO authority to demand accounting records for a period for which he was not legally involved.

I don't know if an attorney would want to get involved, but one might perhaps review the situation and DEMAND that he supply legal documentation evidencing his authority to insist on records before he became legally involved.

The attorney who's involved in responding to these demands is unscrupulous and should have told your brother he has NO standing to make demands for a period during which he had no legal authority.

I would in fact see an attorney, raising the issue of suing for frivolous activity (wasting time and assets) collecting data to which he's not entitled. And I'd put the banks and any other entities that are providing data on notice that they should not have and should not be continuing to supply personal and PRIVILEGED DATA.

I think I might also consider asking an attorney how best to address this, and especially any accusations or insinuations of wrongdoing on your part. I also would inquire whether or not there are statutes that allow an executor to question, demand and review data before he became legally involved.

And, if there are still data remaining, I would consider hiring an attorney and whether or not to provide data that might be critical, not just response to a legal fishing expedition. I would also demand information on what's being done with the data supplied, and when the distributions will be made.

Another consideration as you mention is that he's blowing away the assets, diminishing the value of the estate for what could be a personal or frivolous intent. This is not consistent with proper behavior for a fiduciary.

Good luck with this.

Oh dear. This sounds like a documentation problem.

When a person acts with power of attorney, that person is accountable for what s/he does with the money. You are being asked to account for what your mother's money was spent on. I'm sure you did act both legally and lovingly, but the trouble is that you have to prove the legally part. Did you keep receipts?

Three years is a long time in keeping an estate open. You could petition the probate court judge to have the executor explain why it is taking so long. The executor has a duty to administer her estate properly. If he questions any prior financial irregularities, he is responsible to address these issues. Is this a matter of him questioning large cash withdrawals from the account?

The Executor had every right to these records. If you have nothing to hide give him the information he needs.

I see this differently than GA. I think the Executor has every right to ask for an accounting. I think he has a responsibility to the beneficiaries to do so. But, it should have been done at the time he took over. I too would wonder why he is doing it now 3 yrs later.

My Moms bank statement was my proof. The money went in the money went out. All her bills were paid by check. If I bought things for her out if pocket, once a month I would write myself a check. I kept all receipts in an envelope and when I wrote that check I put the ck# and amount on the outside of the envelope. I kept all statements from the time I took over her finances even after her death. Especially thru probate if there were any questions from the beneficiaries. Be aware, that these lawyer fees your brother is chalking up come out of the estate. Maybe you can have your lawyer fees reimbursed because you having to acct is part of settling the estate.

Sorry, you should have kept records of some sort. If you hired aides, records of their hours and salary should have been kept track of. If an agency, you wrote checks to them. The bank statements should say it all. You may just need to explain some of the checks.

Even if you did not hand him over the Executorship, he as a beneficiary could have asked the POA for an accounting. That may not have been done until Probate was being closed. At that time, the Executor has to make an accting of the estate at time of death. What bills had to be paid, proceeds from the house, closing costs, lawyer fees, Title agency fees, etc. That accting is sent to each beneficiary and they sign off. This is the time a beneficiary can contest and ask for an accting of the POA.

POA expired upon her death. Executor became executor at that time. The executor has the right to all her bank records after her passing because that's what the executor is required to do - gather all assets. The bank would have been required to provide them once he showed the bank certain paperwork. I don't know if he has authority to require you to provide your records in your state, but in Florida when I was personal rep (executor) of an estate, a beneficiary legally requested an accounting from me, the executor, and I was required to provide it. The reason is that a beneficiary might become concerned that an executor is not fulfilling fiduciary duty and thus the beneficiary might not get the inheritance. So why not find out if you as a beneficiary can do that? Put your brother on the target and see what happens.

As executor, the court gave him an authorizing document to obtain those records so he should have him. However as execuror, all he needed to do is determine present assets and distribute. All you have to do as a co holder of the bank account is to get statements and give it to him...again.
As someone else mentioned, you should check with probate court.
I wonder if he is paying himself with the remains of your inheritance by filing a few hours of his time and collecting. Executors are allowed a certain amount of self payment, but this may be unethical.

Since your Mother died 3 years ago and your Brother has yet to start proceedings, i absolutely would see an attorney for advice. One of the duties of the Executor is to promptly settle your Mother’s affairs. Perhaps your attorney can light a fire under him, as well as advise you about your Mother’s bank account. Be sure to ask the attorney about fees the bank is legally allowed to charge for providing copies. Best of luck.

I'm sorry for this family discord. You don't really ask a questiion, but seem to be looking for confirmation that you are being "unfairly" harrassed. I'm sorry but PoA is a legal position with defined responsibilities. In a court of law, "ignorance" is not a defense or excuse. You not thinking the bank should have released the records is also just your opinion and not understanding law and accountability. As the legal executor, the bank can and should release the records to him.

What do you want from this forum? We can't tell you something that isn't true. You are in denial about the situation. Consult with an attorney to figure out what your legal options are and how much it will cost.

If you still have access to the account you should be able to pull up each months activities and look at the checks and figure out how money was spent. I had to do this whenever I was guardian and conservator for a relative but I kept very detailed records. It is required.

More than anything it will be time consuming but should not be difficult. If you have withdrawals from her account that you cannot recall the purpose, look at other ways of trying to remember what was going on at that particular time. If you have old texts there may be conversations pertaining to things are needed to spend money on etc.

If I were in your shoes I would sit down with him and go through the line by line. Make him a part of this painstaking process!

Throw in comments like

“Oh yes that’s when I had to buy that XYZ for when she fell and had to go to the ER in the middle of the night….”

” That’s when I had to buy that case of special probiotic drink mix and a LOT if extra adult diapers after she had explosive diarrhea for a week! Whew! I sure got tired of cleaning that up every hour!”

” I think that might be for the massaging/heating pad I had to buy when I was staying with her and injured my back trying to lift her after she fell again.”

You get the idea.