Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

Philadelphia Power of Attorney Formal Accounting

Posted on Fri Jul 31, 2015, on Formal Accounting

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?

Will Contests

Philadelphia Power of Attorney Formal Accounting

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.

Wills, Trusts, Probate, and Estate Litigation It’s All We Do!

Tags:

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

What Our clients are saying

Klenk Law Logo
Stars

I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.

Klenk Law Logo
Stars

Peter Klenk was great in leading us in the estate planning process.He was clear in describing the various steps and what they would accomplish. We were well satisfied and pleased that we had Peter to guide us.

Klenk Law Logo
Stars

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

Klenk Law Logo
Stars

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Klenk Law Logo
Stars

Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest, but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

Let us put our expertise to work for you.

Free consultation within 24 hours.