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The attorney-in-fact under a Power of Attorney is now the executor of the estate. Can they be required to provide an accounting for the time they served as AIF?
Wiki User
∙ 13y ago
Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA.
Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.
Wiki User
∙ 13y ago
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Can the probate office ask for executor for a statement?
The executor is required to provide a full accounting. The court can request one on a regular basis.
How do I question division of my father's estate?
You ask the executor or administrator for an accounting. If they do not provide one, you ask the probate court to call the executor or administrator before it to produce the required accounting (and to post a fiduciary bond, while you're at it).
Can an executor of a will be pro se?
Yes. I was the Executor of the estate of my life partner of 29 years and functioned Pro Se. Did all accounting, prepared and filed all required Probate forms without an accountant or lawyer. In the State of Ohio, the Probate Court is restricted from providing legal advice to the Executor and will suggest you consult an attorney for any advice. BWH in Dayton, OH
Does a will have to be read by a solicitor?
In the US: It is not required that a will be read by a solicitor/attorney. An Executor -an heir - or a Trustee - may fulfill the duty.
Is it mandatory to file an inventory with probate court fl?
Yes an inventory is part of the required duties of the executor. A full accounting of all assets and debts is required.
How do you change the executor in a will in New York state do you need a lawyer?
An attorney is a good idea but not required. A codicil can be created that changes the executor, but it must meet all the proper requirements.
What happens if the executor of an estate refuses their position and makes the next of kin executor?
Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.
Do heirs in New Jersey have a right to see the bank records of an estate if the executor will not provide the information?
Certainly. The records have to be filed with the court and they are a matter of public record. The heirs may wish to hire their own attorney if they don't feel the executor is doing a proper job. They can petition the court to have the executor removed as well.
Your brother was awarded power of attorney of your dads estate He refuses to discuss any financial issues with your sister and you what is the money being spent on can we see bank statements?
Power of attorney does not apply to an estate. If he is executor, he is not required to share information with anyone but the court.
Can a co-executor delay distribution of funds indefinitely?
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
Can you give a sentence for the word executor?
The executor had no idea how much work was required in settling an estate.
If dad dies and there is a stepmom who is executor is accounting of estate still required?
There is still a need for an estate. While the current spouse will typically inherit at least half the estate, the children may be entitled to a portion.
