QUESTION
i was appointed Power of Atty for my father who was living in my home for 15 years. I was POA for last 2 years when my dad passed in Oct 2011. My br
Asked on May 15th, 2012 on Wills and Probate - New Jersey
More details to this question:
brother was also the excector of the will along withme and contacted a lawyer saying that I keep more money. My father approved for me to keep $50,000 since my brother didn''t help us out with the care of my dad. the will says I get 60% and 40 went to him. I took the money Sep before he passed. Can he sue me for "stealing"?
1 ANSWER
2 Awards
Its not that your brother would sue you for "stealing" but as the Power of Attorney you had a responsibility to act in your father's best interest. Do you have something indicating your father told you to take $50,000? If not, your brother could object and ask that the money you have already taken be credited to you in the distribution of the estate.
Answered on May 20th, 2012 at 2:41 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship