If my mother passed about 9 months ago and my sister has been her POA for over 20 years, do I have a right to POA accounting of records prior to my mom’s death?

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If my mother passed about 9 months ago and my sister has been her POA for over 20 years, do I have a right to POA accounting of records prior to my mom’s death?

I am in the Will.

Asked on February 6, 2015 under Estate Planning, New Jersey

Answers:

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

Answered 6 years ago | Contributor

If you believe that your sister breached her fiduciary duty and in some way did something wrong with your mother's finances for the time that she was POA, then I would suggest that you speak with the Executor about it and encourage him or her to look in to it.  Yes, you would have standing yourself as a beneficiary of the estate but it would be easier for the Executor to bring the action.  But also remember: that it depletes estate assets going after her but it may indeed be worth it. Good luck. 


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