Would suing my late father's POA for not paying his union dues be considered civil or probate?

Question

My father passed in 2021 and the POA handling his finances at the time failed to pay his union dues which, caused the union to refuse paying out the burial fund that was supposed to be paid upon his death. The burial fund would have amounted to $50, 000 along with several thousands of dollars that the POA had transferred out of his bank account.  
 
I am not sure whether I would need to file a civil lawsuit against the POA or it would be considered probate. Also, would it be considered a complex civil case or not?

James L. Arrasmith · Answer

This case would likely need to be handled in probate court since it involves actions taken by a Power of Attorney during your father's lifetime that affected his estate after death. The breach of fiduciary duty by the POA and the mishandling of funds directly impacted estate assets (the burial fund and bank account transfers), making it fall under probate jurisdiction. 
 
Given the significant amount at stake ($50,000 burial fund plus additional transferred funds), this would be considered a more complex probate matter. You'll want to file a petition in the probate court where your father's estate was or should have been administered, specifically addressing the POA's breach of fiduciary duty and seeking to recover both the burial fund and any improperly transferred funds. 
 
While you could theoretically file a civil suit, handling this through probate court would be more appropriate and efficient since probate judges are well-versed in cases involving POA misconduct and fiduciary duties. You should consider consulting with a probate attorney who can help gather the necessary documentation, including bank records, POA documents, and union paperwork, to build your case effectively.

Q: Would suing my late father's POA for not paying his union dues be considered civil or probate?