Q: Do I have a legal right to question and see what a person with a Power of Attorney has done.
My sister had complete control of my Mother's money for 5 years before my Mother's death. During this time she has refused to provide any information to my sister and me. She is now the executor of Mother's estate and has given me very little information for her estate. My Mother's estate was much less than I had expected. I asked to see how Mother's income for the past years had been used. But she still will not let me see any financial information. Can I legally insist on receiving this information?
A:
You are really talking about two separate issues here. First, as Power of Attorney appointed by your Mother, your sister had the authority to act on your Mother's behalf. She would not typically be required to provide information. If your Mother's will has been probated, the second issue comes in to play.
If your sister has been named as the Executor by the court, she has a fiduciary responsibility to all of the beneficiaries of the estate. As part of that duty, she is required to notify all beneficiaries of the probate, provide information and file an inventory of the assets your mother had at the time of her death. There are options you have as a beneficiary that you can discuss with a local probate attorney.
If there has been no probate filed, even if the will named you sister, she is not actually the Executor. If that is the case, a local probate attorney can explain to you exactly what you can do to get the will probated.
I am sorry about your Mother and hope you can get this handled.
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