If I am one of the beneficiaries of a Will, can I have the POA audited to be sure that there was no misuse of funds?

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If I am one of the beneficiaries of a Will, can I have the POA audited to be sure that there was no misuse of funds?

I have a sister who had a durable POA for 5 years. Can she be audited? She is also the executor of the Will.

Asked on August 6, 2012 under Estate Planning, Louisiana

Answers:

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

Answered 8 years ago | Contributor

You have no right a a beneficiary under a Will until the testator passes away.  If you think that your sister is mis using her power and breaching her duty as POA then you can step up to the plate and challenge her. But if you really have no such inkling and you are really just on a fishing expedition then forget it.  Good luck.


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