Durable Power of attorney rights?

Asked over 2 years ago - Phoenix, AZ

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I became concerned about my fathers estate so I decided to go to court an become the adminstrator. I am in shock the POA changed every account closed benificiary accounts that my father had for the grandchildren and left the estate bankrupt and never paid one bill. How does this play out in most courts.

Attorney answers (1)

  1. Contributor Level 20

    Answered November 28, 2010 08:10. This is a clear breach of fiduciary duty. In most states you will need to bring an action against the POA for such breach and attempt to recover the assets stolen from the estate. You need to retain an estate litigation attorney immediately to discuss this matter in detail and to bring the appropriate legal action against this dishonest POA.

    When a person dies without a will, then the next of kin must petition the court or go to the register of wills to obtain letters of administration. Once you have received letters of administration, you can then act for the estate. This will allow you to transfer the real estate into your name. You need to retain an estates lawyer to assist you or at least call the register of wills in that county to get more information about their procedures for obtaining letters of administration.

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