Power of Attorney actions after death

[madfish918]

What is the name of your state?What is the name of your state? Texas

My uncle passed away on May 10, 2005 and left his estate to be divided 50/50 between myself and my sister.

Prior to my uncle's death he had a friend of his appointed durable power of attorney. This person is not the executor of his will. However, he took it upon himself to make all funeral arrangements without the family and wrote two checks on the bank account after my uncles death. (both for legitimate bills)

My question is 'is what he did a criminal action?' It is my understanding that these duties would be handled by the executor of the will.

Thank you for your help.

-M

 

[HomeGuru]

What is the name of your state?What is the name of your state? Texas

My uncle passed away on May 10, 2005 and left his estate to be divided 50/50 between myself and my sister.

Prior to my uncle's death he had a friend of his appointed durable power of attorney. This person is not the executor of his will. However, he took it upon himself to make all funeral arrangements without the family and wrote two checks on the bank account after my uncles death. (both for legitimate bills)

My question is 'is what he did a criminal action?' It is my understanding that these duties would be handled by the executor of the will.

Thank you for your help.

-M

**A: possibly depending upon the amount of the checks.

 

[Dandy Don]

Yes--his power of attorney expired at the same exact time that the death occurred, although he probably was not aware of that. He is guilty of theft from an estate since only the executor is authorized to remove those monies after the death, or possibly other legal charges similar to theft. Bank was lax in even giving him the money since they should have known better. Why aren't you consulting with an attorney about this or asking the executor to check into it?

However, if the bills were legitimate expenses that would have been eventually paid by the estate, you are going to look foolish trying to recover this money. Just make sure the executor claims whatever monies remain in the account now so that the durable POA can't get it.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)