Hickory, NC asked in Criminal Law, Probate and White Collar Crime for North Carolina

Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.

POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car to buy a new car and put it in her name only. Removed 100,000 dollars from account once death was immanent. Death 3 days later

2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a do it yourself project, however. You should hire a fiduciary litigation or probate attorney, maybe both, to help you.

Ben Corcoran and Anthony M. Avery agree with this answer

Charles Evan Lohr
Charles Evan Lohr
Answered
  • Probate Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You have the authority to sue the attorney-in-fact on behalf of the estate, and You should do it quickly. I’m glad to discuss further.

Evan Lohr

919-592-2500

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.