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Questions Answered by Alexander J Palme
1 Answer | Asked in Estate Planning for North Carolina on
Q: Executor of will changed named beneficiary on retirement account for personal gain? Durable POA not filled. Wake, NC

Executor changed named beneficiary of 25yrs to make himself now the named beneficiary, via internet, on Charles Schwab acct. 3 weeks before my dad passed away. Durable POA not filled with registry of deeds in Wake county

Alexander J Palme
Alexander J Palme
answered on May 28, 2024

The answer to your question will hinge upon the Power of Attorney document’s language. Because your father was living at the time of this beneficiary change, the executor would have been acting in his or her potential role as agent under the Power of Attorney.

An agent has a fiduciary...
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