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KM01011970

Question POA Abuse

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Attorney-in-Fact of principal removed many, many valuable items from this person's home when they were dying in a nursing home.  Spoke briefly with an attorney who stated there was nothing that could be done in this matter until time of appraisal of remaining items.  So, none of items taken were returned and attorney-in-fact is now claiming all items she took was given to her a few years ago.  We have pictures and videos to prove this otherwise.  When pressed through attorney-in-fact's estate lawyer to see the poa that was given to her from the principal so the actions of such person could be reviewed, the response given was it was thrown away after principal's death.  How can someone possibly get away with this? 

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48 minutes ago, KM01011970 said:

Spoke briefly with an attorney who stated there was nothing that could be done in this matter until time of appraisal of remaining items.

 

This sentence is missing a subject.  Who spoke with an attorney?

 

 

49 minutes ago, KM01011970 said:

We have pictures and videos to prove this otherwise.

 

Who are "we"?  In other words, what is your relationship to the situation described and the persons involved?

 

 

49 minutes ago, KM01011970 said:

When pressed through attorney-in-fact's estate lawyer to see the poa that was given to her from the principal so the actions of such person could be reviewed, the response given was it was thrown away after principal's death.

 

By referring to the "attorney-in-fact's estate lawyer" are you telling us that the attorney-in-fact is deceased?  What is the purpose of wanting to review the POA since a POA would not authorize the attorney-in-fact to make gifts to herself from the principal's assets?

 

 

51 minutes ago, KM01011970 said:

How can someone possibly get away with this?

 

There are any number of ways this could, in theory, happen, but I can't imagine this is really what you intended to ask.

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Myself, an heir, and another sibling, whom is an heir spoke with an attorney during the time when items were being removed from the house and the principal was lying in a coma for three weeks.  The attorney-in-fact hired an attorney to help with the estate.  No, the attorney-in-fact is not deceased.  In reference to the purpose of wanting to review the POA, the "attorney-in-fact" told us, the heirs, that they held the POA, but they liquidated valuable items (not sold, but still have and now stating they were given to them a few years ago) and almost all tangible household items to herself and her children.  We have picture and video proof of this. 

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The attorney-in-fact is now executor of estate.  We knew many items were missing, but when appraisal came back of all items probably 70% of tangible items were missing.  This all occurred during the three-week time period when principal was in a coma. 

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I'm still not clear what the purpose of your post is.  You asked, "How can someone possibly get away with this?"  While there are, as I previously explained, any number of ways this could theoretically happen, the basic answer is that this person "can . . . possibly get away with this" because others are complacent and allow it to happen.

 

If the executor is telling you that the estate is worth $X and you believe it should be worth $(X + Y) because you believe items that the executor claims the deceased gave to her should be included as part of the estate, then you should consult with a local probate attorney about the appropriate action to take.

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Hi @KM01011970

 

Welcome to the community and thanks for posting. So sorry to hear about this situation. Concurring with PG, it may be a good idea for you to speak with a local attorney, and glad to hear that you already have an appointment booked. If for whatever reason you choose not to hire that attorney, you can use FindLaw's Lawyer Directory to search for estate attorneys by city and state.

 

Best of luck!

The FindLaw.com Team

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15 hours ago, Hoofprints said:

Pg if the decedent is in a coma, i would think that can not be considered 'complacent',

(it is an epidemic apparently, nuff said)

 

I have no idea what you're talking about or how this relates to the OP's situation and don't care to clutter the thread discussing unrelated hypotheticals.

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