Q: Can a Poa legally give away possessions, so that there is nothing left in estate for beneficiaries?
My sister is POA and executrix for step father. She is estranged from me and my other sister due to her mistreatment of our step father. All three of us are equal beneficiaries in will, however, she gave away his possessions before he died, so nothing has to be shared with us. Is that legal? We had good relationship with her until the last 12-14 months. But it is common knowledge that she hates us simply because we questioned some of her decisions.
A: A person acting as agent under POA has a fiduciary duty to act in the best interest of the person who granted the POA, and not to their own personal advantage or disadvantage of others. The same for an executor of a will. An action can be filed in probate court to hold the agent or executor accountable. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise of your options.
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