QUESTION

What can I do about my stepmother's negligence as power of attorney and executor of my father's will after she is deceased?

Asked on Sep 09th, 2018 on Trusts and Estates - Georgia
More details to this question:
My father passed in October of 2017. Prior to passing, my stepmother had power of attorney. My father had 3 biological children including myself. Neither one of us were informed about his condition until a couple days before his death. The morning he passed away, my stepmother instantly blocked all biological children from being involved into everything including funeral arrangements and she would not allow us access into his home. She did not even call us to notify us of his passing. Here's where the negligence comes in.... As executor and while my father was sick and incompacitated, she paid on 2 life insurance policies which she was beneficiary. The were a total of 7, 5 more which included us biological children as beneficiaries THROUGH the SAME insurance company as the life insurance policies which included her as beneficiary. All policies besides hers lapsed. We weren't even aware of the policies until it was too late. She collected on her policies and passed in March of 2018
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1 ANSWER

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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This is a very interesting question.  Even if you can prove she deliberately did not continue paying premiums on the policies, does she have assets to satisfy any judgment you might get against her?  Your claim woudl be a breach of fiduciary duty, not negligence.  You  may have a problem with who has the right to file the lawsuit.  She owed your father a duty to act as he would have acted.  It might be a claim owned by your father's estate rather than you.  
Answered on Sep 10th, 2018 at 6:28 AM

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