What to do if my brother was power of attorney for our father an used my fathe’rs funds for his personel use while not paying my father’s nursing home?

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What to do if my brother was power of attorney for our father an used my fathe’rs funds for his personel use while not paying my father’s nursing home?

My father passed and now the nursing home is probating the Will. The attorney for the nursing home has had my brother removed as POA. Do my other brothers, sister and I need an attorney? Can we take legal action against the brother who was POA? We have bank records showing the misuse of funds.

Asked on February 22, 2013 under Estate Planning, New York

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

First, the POA died when your father died so the nursing home attorney did not have your brother removed as POA, as his authority ceased to exist by reason of the death.. Second, nursing home is not entitled to probate your father's estate.Third, obtain yourself a probate litigation attorney to file a petition into probate and to sue your brother for mismanagment of your fathers estate, and also the nursing home for the negligent oversight regarding the payment of the nursing home bills for your father; the nursing home could have and should have contacted the other family members about this situation.


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