Is a sole POA/Exec required to list items removed from a home if after that time the POA shifted to another & the person passed

Asked over 1 year ago - Oradell, NJ

At the time the POA was in force, things were removed from the home to upgrade and make it saleable; the original will was lost, proceeds were needed to cover facility medical care. Financial decisions were needed. 6 months later another family member, who had shown no interest and was not in touch for months, was named sole POA/Executor and changed the locks, having not been locked out previously and who possesed a key. The parent has since passed and I am "requested" to provide a list of items removed during the time I was sole POA so things can be "dispersed". The effects from the facility haven't been provided nor a complete list of what remained in the house I don't have knowledge of the proceeds from the recent sale of the house. Am I legally required to provide the list?

Attorney answers (3)

  1. Lawrence A Friedman

    Contributor Level 18

    5

    Lawyers agree

    Answered . No. As a prior agent under a power of attorney, you have no obligation to provide any information unless ordered by Superior Court. BUT, it would be a mistake not to cooperate w/o good reason because that would give the executor grounds to go to court and get a court order requiring you to account for your time as agent under POA, and it likely would make the judge suspicious. Since it is hard to imagine a valid reason for an agent under POA who has done nothing wrong to refuse to provide a list of items that the agent removed, transferred, etc., you either should provide the info if you have no reason not to refuse or consult a lawyere if you think disclosure may raise issues.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms. Although I'm not around the corner from Oradell, if you don't mind taking a ride down I-287, I''d be happy to work with you.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  2. Robert L. Brenna Jr.

    Contributor Level 12

    4

    Lawyers agree

    Answered . Don't forget that a POA terminates at death, and the Will has no effect until after it is accepted into probate, after death. The two may or may not be the same individual. There seems to be some confusion about this in your question, and you may be wise to get a NJ attorney to consult with. Usually you can arrange in advance to determine the fee for such a consultation. I also beleive Mr Fromm and the First attorney have addressed the other issues very well.
    Bob Brenna Jr.
    Brenna Brenna and Boyce pllc
    Rochester, NEw York 14614

    Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general... more
  3. Steven J. Fromm

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr Friedman offers sound advice. Regardless of the strict legalities, it is my experience that anything short of full disclosure only gets you into trouble. Cooperate, be nonest and open and you will be fine. You would be well served to retain estate counsel to advise and assist you through this process.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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