Forcing a Power of Attorney to Account

From Our “Ask a Question” Mailbag: “What are Examples of Forcing a Power of Attorney to Account?”

Formal Accounting Lawyer Jill Fitzgerald

Examples of Forcing a Power of Attorney to Account:

The executor is Given Unsatisfying Answers.

• Mr. Blue Bell died with a Will naming his son, Jenkintown, as his executor. During Mr. Blue Bell’s life, his daughter, Ambler, had his Power of Attorney.  For several years Ambler had used the Power of Attorney to pay his bills and manage his assets.  During Mr. Blue Bell’s life, Ambler did not share any information with Jenkintown.  Though suspicious of her actions, Mr. Blue Bell refused to question Ambler’s actions.  Jenkintown’s job as executor is to secure his father’s assets.  This responsibility would include recovering any stolen or misappropriated assets, just as Mr. Blue Bell could have should he be alive. During this process, he found Ambler had written unexplained checks and moved money into Ambler’s accounts. Ambler refuses to provide satisfactory explanations.  Though he has broad access to information as Executor, his Probate Lawyer could not follow some of the funds nor find an answer for some checks.
• Jenkintown, in his capacity as Executor, should retain our Formal Accounting Lawyers to petition the court for an order requiring Ambler’s the filing of a Formal Accounting.  Once submitted, Jenkintown as an interested person can object to false explanations.  Further, Jenkintown can ask the judge to surcharge Ambler for damages.  If she took money improperly, the court would force its return. Alternatively, Jenkintown could reduce Ambler’s share of the estate.

Grantor Given Unsatisfactory Answers.

• Mrs. North Wales lives half the year in Florida and half the year in Montgomery County, Pennsylvania. Because she has various activities in Montgomery County, she gave her accountant, Marion, a Power of Attorney.  On returning from Florida this year, she was upset to find her assets depleted.  Marion gave her unsatisfactory explanations. 
• Mrs. North Wales should retainer our Formal Accounting Attorneys to file a Petition for Formal Accounting. Correctly served on Marion, she will be obligated to provide the court a detailed accounting in the formate the Supreme Court has authorized.  If Mrs. North Wales finds the explanations unsatisfactory, she can have our Formal Accounting Lawyers file formal objections. Further, the court can allow discovery. Discovery could include subpoenas and depositions. In the end, the judge will make a ruling. The Ruling could consist of surcharges against Marion.

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In Conclusion: Forcing a Power of Attorney to Account.

I hope this article about Forcing a Power of Attorney to Account was useful. We are always happy to brainstorm with you about your own, unique situation. 

Let our Formal Accounting Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our Formal Accounting Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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Tags: Estate Litigation Attorney, Estate Litigation Lawyer, Formal Accounting, Jill Fitzgerald