Power of Attorney

Asked over 2 years ago - Houston, TX

If a personal representative, trustee has valiated there duties of a decedent trust. If the beneficiary can not get any information from different institution about there mohters estate. Can a lawyer or judge appoint a beneficiary power of attorney, so he can get access to documents from different institutions? The personal representative, trustee, does not have the best interest to the beneficiaries. The beneficiaries have tried to asked the trustee and personal representative for information about the trust, but denied. By the decedents children as beneficiaries can not request tax returns because they dont have power of attorney. Can a judge appoint a beneficiary with power of attorney?

Attorney answers (4)

  1. James Brian Thomas

    Contributor Level 14

    4

    Lawyers agree

    Answered . I agree with all of the previous responses. Some of your terminology suggests both an open probate administration, perhaps a Will, and maybe even a Trust. In any event, they all fall under the same radar of the probate courts. The actions of a personal representative, executor, administrator, trustee, etc. are all reviewable by the Court, and the options for relief are several.

    Unfortunately, your concerns are going to continue to fall on deaf ears to third-parties and especially to the fiduciary that you're concerned about here. You need an attorney to bring your concerns in front of the Court. At that point, based upon proper evidence, the Court can remove and replace the fiduciary, compel a specific action, or take whatever steps are necessary to provide the beneficiaries with the information that the beneficiaries are actually entitled to. Bear in mind that the information that you're seeking may not be something that the beneficiaries are entitled to under our laws, but you won't ever see it if you don't start asking the right way.

    This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make... more
  2. Steven J. Fromm

    Contributor Level 20

    5

    Lawyers agree

    Answered . Your question is not clear. But to get access to information you are entitled to as a beneficiary, you would be well served to retain an estate litigation attorney. This attorney can demand either informally or through the courts access to the information you seek, along with a full and complete accounting. He could also bring a surcharge action for any losses suffered by actions or failures to act of the trustees.
    Finally the attorney could bring an action for removal for cause of the trustee if warranted. For removal for cause, please see my article entitled Pennsylvania Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_T.... Even though this relates to PA law most states have similar rules.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

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

    Contributor Level 8

    2

    Lawyers agree

    Answered . I agree that your description is a bit unclear--most likely because what you describe suggests that there may be several interrelated issues having to do with a trust and an estate. The short form answer to whether a judge can appoint a "beneficiary with power of attorney" is no, but there are several other options. I recommend that you speak with Nicholas Abaza, a great attorney in Houston who handles these kinds of matters.

  4. Randall S Perrier

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . You describe the party denying you information as both a personal representative and as a trustee. In either case, if you feel the personal representative or the trustee of trust formed by the decedent is violating his fiduciary duties to the beneficiaries of the estate or trust, you should consult with a lawyer certified in estate planning and probate and discuss your options to ensure the beneficiary's rights are being protected.

    Best of luck,

    Randall Perrier

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