I was POA for my aunt and now she is deceased and I am Exec. of her estate. Can I go ahead an shread POA records?

Asked over 1 year ago - Durham, NC

I have records and documents now for the estate and which to destroy the other papers and documents as POA. Can I be asked to provide any information now that I am now POA. A nephew is wanting to contest the will. Will I have to show him any other records since he didn't ask for them while I was POA.

Attorney answers (3)

  1. Cheryl K. David

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . I would wait until you close the estate to shred any documents. When someone passes the Power of Attorney ceases to work. It's a document that allows you to act for someone while they are living. Once they die, the document dies also. The will takes over at that point and if you were appointed as the Executor (male) or Executrix (female) of the estate then you would need to file the will with the court house and begin the job of representing the estate. If your nephew contests the will or your actions as the attorney in fact (agent), under the Power of Attorney, you may have to produce records to substantiate your actions.

  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hold on to POA papers and any records of anything you were involved with as POA.
    You can be held accountable for your actions as POA.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues. I see no benefit to you in shredding these documents and in light of the pending contest, it presents a red flag that implies that you did something wrong that you are trying to cover up. Even though the documents have not yet been requested, it does not mean they will not be in the future. I would hate to need to tell a judge that I shredded some relevant documents. Just hold onto them for now.

    You should have an attorney to represent you, given the Will contest. The attorney can advise you regarding your records, as well. Best of luck to you, and I hope that the court proceedings are brief and uneventful.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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