QUESTION

Can a person named in a Will of a deceased request from the person that had been power of attorney for the past year a record all monies spent?

Asked on Mar 05th, 2012 on Wills and Probate - New Jersey
More details to this question:
I had been power of attorney of my father. I live in a different state than he does. My sister, who resides in the state of my father, got him to change the power of attorney over to her. He is now deceased. Two months prior to his death, she was also able to convince him to leave his house to her and the remaining assets for us to split. I had been executor of his estate and in October it was changed to her. She refuses to return any calls to me. My sister has not spoken to me in 25 years and spend the majority of her adult life not speaking to my parents, though she lives 3 miles away from them. A year ago my mother became ill and then passed. My sister has 7 adult children. My sister\'\'s children helped my sister care for my parents. Throughout their lives, they manipulated my parents into giving them everything they wanted. My mother passed in 2011 and my father 2 months ago. During that time, her adult children were still manipulating him to do as they wanted.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Your sister may have unduly influenced your parents into changing the will.  You should request that your sister provide you with a record of everything she did as the POA.  You will also be entitled to a copy of their will, and if your sister has submitted the will to probate, you can get a copy of the will from the county surrogate's office.  You may have to challenge the will, and allege that the will was the product of undue influence, or that your parents lacked the capacity to execute a new will.  
Answered on Mar 11th, 2012 at 9:26 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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