From our “Ask a Question” Mailbag: Philadelphia Power of Attorney Formal Accounting

Most Recently Updated July 18, 2018.

My mother named me her power of attorney. For years, I used it to pay her bills and care for her. My mother recently died in Philadelphia without a will. My sister thinks I stole some money, but that is not true. She has served me a citation to account for my actions under the power of attorney, what do I do now?

Philadelphia Power of Attorney Formal Accounting

By accepting the position of agent through your mother’s Power of Attorney, you became a fiduciary. As a fiduciary, you owed your mother a duty to look out for her best interest. But that job also comes with the obligation to explain your actions as Agent to certain people.

Formal Accounting

An interested party can ask for you to account for all the actions you took as the Agent. During her life, this could have been your mother. Now that she passed, your sister—as the heir to half her intestate estate—has the right to ask for a power of attorney accounting from you. Why? Because if it is found that you took any money, half of anything recovered will go to her.

Don’t take this process lightly, as the Philadelphia Orphans’ Court judges will closely examine your accounting. Also, your sister will have the right to object to all your entries. I suggest that you have an experienced Philadelphia probate lawyer help you assemble a thorough accounting, and that you hire a firm with a litigator familiar with Orphans’ Court litigation, as it sounds like your sister will want her day in court.

Further Estate Litigation Questions?

The power of attorney accounting is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.

In Conclusion: Philadelphia Power of Attorney Formal Accounting

I hope that this article was helpful in explaining the power of attorney accounting. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Litigation Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation 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 put our 25 years of estate litigation experience to work for you.

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Tags: Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, Fiduciary Duty, Formal Accounting, Pennsylvania, Philadelphia