QUESTION
Could I track the money that a power of attorney spent of an estate?
Asked on Aug 25th, 2015 on Estate Planning - California
More details to this question:
How do I find out how my sister spent his Social Security and other monies from his account? How do I find out if there is an inheritance because there is no will? How do I find out if the Social Security is still being collected by her?
6 ANSWERS
Unless you suspect fraud or some other misdeed, there usually isn't an easy way to find these things out. After death, the estate may have been submitted to a probate court even if there wasn't a will. Check with the probate court. Social Security ends upon the date of death and any moneys received after that date must be returned to the agency.
Answered on Aug 31st, 2015 at 5:24 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You can contact Social Security and provide them with a death certificate. Social Security will collect any payments made after the date of death. As an interested person you can open a probate estate. The court appointed representative can collect the assets of the estate, including investigating fraud in the period before his death and collection of fraudulent payments and improper action. The estate can collect from a wrongdoer in the same manner as the deceased could if alive.
Answered on Aug 26th, 2015 at 10:11 AM
3 Awards
Yes, you would need to get authority from the court and have subpoenas issued and served. It is not an affordable process. His social security stops when he dies, if she is still getting it then that is unlawful, but you are not entitled to it. Speak with an attorney about the costs associated with what you want to find out. It may not be worth pursuing. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 25th, 2015 at 7:51 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Since the person is deceased, you don't have any legal reason to check the spending that was done under a power of attorney. It was his money and you don't have any right to snoop into how he or his power of attorney spent his money. The way to find out if there is an inheritance is to file his probate. Then your sister will have to provide the detail of all the money spend and received since his death. Being the executor in probate also gives you the authority to check his social security account.
Answered on Aug 25th, 2015 at 7:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possible to get an accounting if there is evidence of wrongdoing. Social security stops on death.
Answered on Aug 25th, 2015 at 7:20 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain for yourself a probate litigation lawyer to do the digging for you and be prepared to file a lawsuit.
Answered on Aug 25th, 2015 at 7:13 PM