Can a family member that is in the Will question the power of attorney and ask for proof of funds being spent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a family member that is in the Will question the power of attorney and ask for proof of funds being spent?

Asked on January 31, 2012 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming here that the person who wrote the Will is still alive.  So the Power of Attorney is the person who has been appointed to take care of the persons affairs while they are still alive.  If someone believes that the person appointed is taking avantage or breaching their fiduciary duty then they have a right to request that the court look in to it and remove them.  Being in the Will or not - it does not matter.   But to question for the purpose of being a back seat driver no they would not.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption