My sibling has been Dad's power of attorney for years. It's obvious to me that he's been skimming money from Dad's accounts in various ways, and using Dad's credit, etc. for his own personal "needs". He was named executor in Dad's will, and is in the circuit court process of officiating that position. The two of us are the only heirs. I'm very uncomfortable allowing him to progress into the executor position now that Dad's passed away. I'd at least like an accounting of my brother's activities prior to Dad's death, a list of Dad's bank and credit accounts, statements, etc.
Yes the beneficiaries of someone's estate may seek an accounting or they may seek the removal of an attorney in fact if they can prove misappropriation
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You do have the right to request an accounting. You need to do it in writing and it has to be done within one year of your father's death. YOur brother has thirty days to respond.
My answer is for general information only and does not imply that any attorney-client relationship has been created.
Yes. See Virginia Code section 64.2-1612. You would be best served by hiring an attorney to make the demand.
Evan Farr is Certified as an Elder Law Attorney by NELF (National Elder Law Foundation), which is approved by the American Bar Association, and is a member of the Council of Advanced Practitioners of NAELA (National Academy of Elder Law Attorneys). Evan is licensed to practice law in Virginia, DC and Maryland, none of which have procedures for approving certifying organizations. NOTICE - Unless expressly stated otherwise, this communication: (1) is not legal advice absent an existing attorney-client relationship between us; (2) does not create an attorney-client relationship; (3) does not constitute an offer, acceptance, or contract amendment; (4) may contain confidential or legally privileged information protected by the attorney-client relationship and/or work product privilege; (5) is only for the use of the individual to whom it is intended by the sender to be sent, and if you are not such recipient, disclosure, copying, distribution or reliance upon this communication is prohibited; and (6) is not intended, and cannot be used, to avoid tax-related penalties pursuant to treasury department circular 230.
I think you've asked this same question several times on this forum. The answers have been substantially the same.
Hire a lawyer.
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