Does sibling with POA have to provide specific expenditures occurred before death to siblings after death?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does sibling with POA have to provide specific expenditures occurred before death to siblings after death?

An insurance claim check from fire was
spent to remodLe prior to death. Since
death, the other siblings want specific
expenditures on how the check was
spent. Does POA have to provide this

Asked on November 18, 2017 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The attorney-in-fact or agent (that is the term for the person granted authority by the POA) does not have to provide this UNLESS a legal action is brought by an executor or administrator/personal representative of the estate, or an(other) heir, claiming the agent misappropriated for him/herself monies which should have been used for or gone to the estate. Attorneys-in-fact/agents are bound by a fiduciary duty to NOT use the money of the person giving them the POA for their own benefit, or "pocket" it themselves. If a reasonable claim is asserted that the agent took money which should otherwise be in the estate for distribution to the heirs, an heir or the estate's representatives can bring a legal action (lawsuit) in which they allege wrongdoing and the agent can be forced to justify what he/she did with the money.

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 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 lock Secured with SHA-256 Encryption