Could I track the money that a power of attorney spent of an estate? 9 Answers as of August 31, 2015

How do I find out how my sister spent his Social Security and other monies from his account? How do I find out if there is an inheritance because there is no will? How do I find out if the Social Security is still being collected by her?

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Law Office of Pamela Braynon | Pamela Y. Braynon
Once the person passes away the social security office is notified and the payments are stopped. Because there is no will, Florida's Intestate laws will be abided by when distribution of the estate takes place. Check with the probate court in the county where the deceased resided to see if an estate was opened in the circuit court there. Otherwise, there is no way to check.
Answer Applies to: Florida
Replied: 8/31/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Unless you suspect fraud or some other misdeed, there usually isn't an easy way to find these things out. After death, the estate may have been submitted to a probate court even if there wasn't a will. Check with the probate court. Social Security ends upon the date of death and any moneys received after that date must be returned to the agency.
Answer Applies to: Nebraska
Replied: 8/31/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
The POA can be compelled to account for all funds that have come into her possession. However, the court would have to issue such an order after the proper petition has been filed with the court.
Answer Applies to: California
Replied: 8/27/2015
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
You can contact Social Security and provide them with a death certificate. Social Security will collect any payments made after the date of death. As an interested person you can open a probate estate. The court appointed representative can collect the assets of the estate, including investigating fraud in the period before his death and collection of fraudulent payments and improper action. The estate can collect from a wrongdoer in the same manner as the deceased could if alive.
Answer Applies to: Illinois
Replied: 8/26/2015
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Yes, you would need to get authority from the court and have subpoenas issued and served. It is not an affordable process. His social security stops when he dies, if she is still getting it then that is unlawful, but you are not entitled to it. Speak with an attorney about the costs associated with what you want to find out. It may not be worth pursuing. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answer Applies to: Nevada
Replied: 8/25/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Since the person is deceased, you don't have any legal reason to check the spending that was done under a power of attorney. It was his money and you don't have any right to snoop into how he or his power of attorney spent his money. The way to find out if there is an inheritance is to file his probate. Then your sister will have to provide the detail of all the money spend and received since his death. Being the executor in probate also gives you the authority to check his social security account.
    Answer Applies to: Ohio
    Replied: 8/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is possible to get an accounting if there is evidence of wrongdoing. Social security stops on death.
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Danville Law Group | Scott Jordan
    I gather that your sister had power of attorney from your father. Is your father now deceased? A typical POA will require the agent to provide an accounting to the Grantor. However, if your father is now deceased, the POA authority terminates immediately upon his death. You should ask for an accounting from your sister and copies of the bank accounts since the time she was granted the POA. If she fails to respond, you may have to file for probate of your father's estate. As the administrator of the estate, you will be able to obtain the records yourself and see if she stole from your father. I suggest you contact a local probate attorney for more specific advice.
    Answer Applies to: California
    Replied: 8/25/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain for yourself a probate litigation lawyer to do the digging for you and be prepared to file a lawsuit.
    Answer Applies to: California
    Replied: 8/25/2015
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