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Your Sister WAS the POA. That stopped the day your mom died. She has no responsibility to answer to you or anyone else till there is someone appointed to represent your mom’s Estate.
The situation now is based on whether or not mom had a will or she died “intestate”. So which is it???
If a will then someone has to enter it into probate court to start process to determine assets and debts of the Estate and hopefully do an eventual distribution. In that will there will be named an individual to be the “Executor”. That person gets Letters Testamentary for this & is now in charge of the gameboard. They pay to hire an atty with the costs coming out of the assets of the Estate. Executor can ask the old POA for details to be able to determine assets and debts. All States required period of time till probate can even be opened. Could be 6 weeks or 6 months, this is 100% dependent on laws of the now deceased persons State of residence. Imho You are looking at next Spring at the very earliest for any of this so simmer down.
Now if no will, then it can be an opportunity for any of the supposed heirs to pony up $ and hire an probate attorney to do whatever necessary to establish a lineal heirship so that an Estate Administration can be opened up with someone named as administrator. That person can seek from the old POA an accounting of predeath financials. Fwiw I’ve been a Xecutor more than once and this type of probate will probably end up being a “dependent administration” so all actions to be cleared by the court & administrator may end up being an attorney not you or other heirs. The distribution can go to the heirs once claims dealt with. Lineal can end up being there are heirs that you may not know about as any marriages, divorces and children from either mom or dad could be considered “heir” depending on State laws. For either probate path, IF Dad predeceased mom & there wasn’t a nice with a bow on it transfer &/or retitling of all assets to mom or others, dealing with moms Estate - assuming she had assets - will be a $ clusterF.
Imho unless your mom was a rarity, if she needed care and wasn’t generationally wealthy, she spent down her $ except for maybe having a paid off home and a car or 2. Once you hit a certain age, it’s all outflow of saving$, investment$ and monthly $ income. You live long enough = you will outlive your $ & thank goodness there are Medicaid programs available. Avg SSA mo income is $1,788 a mo. Most elderly only have SSA income. If that was your mom and she turned it over to Sister whom she lived with, who was her POA & provided care and accommodations and dealt with her insurance stuff, her clothing and niceties, took her to appointments, did medication management, etc. your mom was oh so fortunate. If no $ left, it is what it is.
Cool off. I was executor for 3 people. Shortest was 4 months and longest was 18 months. The last person lived in MA. It took me 4 months even with a will to get the letter of testimony from the judge to even have access to bank accounts.
Your mother died a week ago. Maybe let the body get cold before you start demanding to see the Will and the "books". Have some respect.
POA ends when the person dies. In most states the Executor of the deceased person's Will has up to a year to file it in probate court. My guess is you aren't the Executor of your mother's Will. The probate court will notify you when it's filed if your name is mentioned in it. Also, no one has to show you the Will unless you are mentioned in it, and the POA (your sister) doesn't have to answer to you or show you anything.
Now, this is my opinion. Yes POA stops at death. The Executor in in charge of the Will but needs to probate it and get a short certificate to handle the estate. That can't be done until a few days after death. So things are in limbo till then. I was both POA and Executor. I feel that the executor has a right to know where the money went. As POA I kept very good records where my Moms money went so I would not had any problem giving them to an Executor.
If your sister is the Executor when she probates the Will you will then get a copy. She must prove that a letter went out to all beneficiaries and a copy of the Will was included or available upon request. Once the Will is filed its public. There will be an accounting that you will need to sign. Thats the time to contest and you want to see previous POA records. You maybe able to request earlier but if the answer is no, u need a lawyer. Contesting the accounting Will hold up the distribution of the estate.
It doesn't matter if you feel the Executor of a Will has a right to demand to see the records of a POA. Feelings aren't laws.
Of course, if the Executor has some valid suspicions that the POA abused finances, they can petition the court to have POA financial records turned over. They may or may not be granted a court hearing for this. They have a right to try though. Once again, the petitioning party has to have valid reason for why they suspect the POA abused the finances. Sibling rivalry and wanting more inheritance don't count in court.
First of all, my condolences on your loss. In answer, NO. She does not have to show you ANYTHING whatsoever. First of all, her duties as POA are OVER. She either is now the executor of a will or she is not. If the person died intestate (without a will) then she may apply to be Administrator of the estate (which is a sort of executor). She will likely get the right to do this simply by having BEEN the appointed POA.
A POA acts for an elder as the elder appoints and requests until the elder by reason of incompetency cannot act for him/herself. At that point the POA acts in the best interest of the person. THEY KEEP THEIR ACTIONS PRIVATE and do not own any explanations to anyone. A person's financial business is their OWN or the business of the appointed POA. It is not YOUR business unless you were appointed.
Now, let us say that during another being POA for someone in your family you see evidence of fraud? You would then take that evidence to APS, a DA, or an attorney to ask a court to call in the POA to show records to the JUDGE (but NOT to you).
IF this person is now executor, then, if you are beneficiary of a will, know that will is filed for probate in a county and is public record that you or your attorney can check on. Also know that it is usually by law that the "executor or administrator" notifies beneficiaries of a will that they ARE a beneficiary. This notification doesn't specify WHAT you are bene of, simply that you are, and when the estate is "settled" you will have dispersed to you your portion.
So that is that. If you are not administrator or executor and WERE not POA, you just sit tight and hope for good news. I will hope you get good news, as well!
If your Mom's estate had to go into probate then this takes a while. If there are any assets, properties, etc. left after paying off creditors, then this can also take a while to sort through. So, depending on the complexity (if there's a trust, or if real property needs to be sold for cash to be distributed), or if inheritors need to be tracked down, this all takes time for the Executor to deal with.
Do you know who the Executor is?
Many years ago my husband's Aunt passed away. Many months later we received a letter from her Executor and the attorney that he was to receive an inheritance. So, there was a long delay.
POA ceases at death. While the principal is alive, the POA is to act in the principal's best interests and is not obligated to show accounting to anyone, and in fact should keep this confidential. If there was question about how money was being spent by the POA before your mom died, there could have been a legal process started if anything illegal was suspected. After death, since the POA is no longer in effect, there is no way to find out how money was spent.
The executor is the person who handles the will and any disbursements or bequests. The executor will file for probate, if needed, and will see that creditors are paid before any disbursements are made. Those named in the will should be notified and they should receive a copy of the will.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The situation now is based on whether or not mom had a will or she died “intestate”. So which is it???
If a will then someone has to enter it into probate court to start process to determine assets and debts of the Estate and hopefully do an eventual distribution. In that will there will be named an individual to be the “Executor”. That person gets Letters Testamentary for this & is now in charge of the gameboard. They pay to hire an atty with the costs coming out of the assets of the Estate. Executor can ask the old POA for details to be able to determine assets and debts.
All States required period of time till probate can even be opened. Could be 6 weeks or 6 months, this is 100% dependent on laws of the now deceased persons State of residence. Imho You are looking at next Spring at the very earliest for any of this so simmer down.
Now if no will, then it can be an opportunity for any of the supposed heirs to pony up $ and hire an probate attorney to do whatever necessary to establish a lineal heirship so that an Estate Administration can be opened up with someone named as administrator. That person can seek from the old POA an accounting of predeath financials. Fwiw I’ve been a Xecutor more than once and this type of probate will probably end up being a “dependent administration” so all actions to be cleared by the court & administrator may end up being an attorney not you or other heirs. The distribution can go to the heirs once claims dealt with. Lineal can end up being there are heirs that you may not know about as any marriages, divorces and children from either mom or dad could be considered “heir” depending on State laws. For either probate path, IF Dad predeceased mom & there wasn’t a nice with a bow on it transfer &/or retitling of all assets to mom or others, dealing with moms Estate - assuming she had assets - will be a $ clusterF.
Imho unless your mom was a rarity, if she needed care and wasn’t generationally wealthy, she spent down her $ except for maybe having a paid off home and a car or 2. Once you hit a certain age, it’s all outflow of saving$, investment$ and monthly $ income. You live long enough = you will outlive your $ & thank goodness there are Medicaid programs available. Avg SSA mo income is $1,788 a mo. Most elderly only have SSA income. If that was your mom and she turned it over to Sister whom she lived with, who was her POA & provided care and accommodations and dealt with her insurance stuff, her clothing and niceties, took her to appointments, did medication management, etc. your mom was oh so fortunate. If no $ left, it is what it is.
No one should care for another without having POA because they make all the decisions good or bad.
POA ends when the person dies. In most states the Executor of the deceased person's Will has up to a year to file it in probate court. My guess is you aren't the Executor of your mother's Will. The probate court will notify you when it's filed if your name is mentioned in it. Also, no one has to show you the Will unless you are mentioned in it, and the POA (your sister) doesn't have to answer to you or show you anything.
If your sister is the Executor when she probates the Will you will then get a copy. She must prove that a letter went out to all beneficiaries and a copy of the Will was included or available upon request. Once the Will is filed its public. There will be an accounting that you will need to sign. Thats the time to contest and you want to see previous POA records. You maybe able to request earlier but if the answer is no, u need a lawyer. Contesting the
accounting Will hold up the distribution of the estate.
It doesn't matter if you feel the Executor of a Will has a right to demand to see the records of a POA. Feelings aren't laws.
Of course, if the Executor has some valid suspicions that the POA abused finances, they can petition the court to have POA financial records turned over. They may or may not be granted a court hearing for this. They have a right to try though. Once again, the petitioning party has to have valid reason for why they suspect the POA abused the finances. Sibling rivalry and wanting more inheritance don't count in court.
In answer, NO. She does not have to show you ANYTHING whatsoever.
First of all, her duties as POA are OVER.
She either is now the executor of a will or she is not.
If the person died intestate (without a will) then she may apply to be Administrator of the estate (which is a sort of executor). She will likely get the right to do this simply by having BEEN the appointed POA.
A POA acts for an elder as the elder appoints and requests until the elder by reason of incompetency cannot act for him/herself. At that point the POA acts in the best interest of the person. THEY KEEP THEIR ACTIONS PRIVATE and do not own any explanations to anyone. A person's financial business is their OWN or the business of the appointed POA. It is not YOUR business unless you were appointed.
Now, let us say that during another being POA for someone in your family you see evidence of fraud? You would then take that evidence to APS, a DA, or an attorney to ask a court to call in the POA to show records to the JUDGE (but NOT to you).
IF this person is now executor, then, if you are beneficiary of a will, know that will is filed for probate in a county and is public record that you or your attorney can check on. Also know that it is usually by law that the "executor or administrator" notifies beneficiaries of a will that they ARE a beneficiary. This notification doesn't specify WHAT you are bene of, simply that you are, and when the estate is "settled" you will have dispersed to you your portion.
So that is that. If you are not administrator or executor and WERE not POA, you just sit tight and hope for good news. I will hope you get good news, as well!
Do you know who the Executor is?
Many years ago my husband's Aunt passed away. Many months later we received a letter from her Executor and the attorney that he was to receive an inheritance. So, there was a long delay.
The executor is the person who handles the will and any disbursements or bequests. The executor will file for probate, if needed, and will see that creditors are paid before any disbursements are made. Those named in the will should be notified and they should receive a copy of the will.