Los Angeles, CA asked in Estate Planning and Probate for Arizona

Q: My father passed away now mother's power of attorney is taking things from my dad's company how do I stop it?

Mother's not very compressive to what's going on. And these things belong to me

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: It is impossible to provide you with a quality response because there are so many missing details and the information you have provided could be interpreted in different ways. That said, IF all of your father's possessions passed to your mother and IF the POA has the authority to handle her financial affairs; you may not have a great case to stop the POA from doing anything. There are so many important details which would affect this situation. Who owns your "dad's company?" What is the POA doing with the "things?" What ARE the "things?"

If the facts are on your side and you can reasonably demonstrate an abuse of power by the POA, you may be able to get a court to appoint you as a conservator for your mother's estate. An experienced estate planning attorney would be a huge assistance in assisting you in evaluating your potential to succeed in a court action and navigating the legal matter during litigation of the suit should you elect to pursue it.

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