Asked in Family Law and Estate Planning for Ohio

Q: I am my mother's POA and executor. Can her attorney talk to me about her will if she is still healthy without her consen

Think she is hiding debt

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1 Lawyer Answer

A: Her attorney is required to maintain her information confidential, and cannot reveal it without her specific consent. Your POA only allows you to act on her behalf as specified in her POA, but even if it says her attorney can talk to you, the attorney can choose not to without her specific consent. You are not her executor until after her death, and not until the probate court officially appoints you as her executor. The court could appoint somebody else, in some circumstances. So merely being named as executor in her will, does not give you access to her confidential information from her attorney.

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