Brother was POA for father w/ Alzheimers and executer of estate and grossly mishandled it. Brother used thousands for his own personal use, failed to protect dad's assets as advised and paid many thousands in nursing home care that could have been protected, paid $50,000 down payment on a house dad was supposed to have wanted (but was not competent to make that decision), then let the house be forclosed, sold all dad's furniture, & all personal belongings at yard sale for way under their value, etc so estate was $0 when dad died, had been approx $300,000 4-5 yrs before when brother took over management of finances & POA. Was all done to keep other siblings from any inheritance as all was to be divided equally according to dad's will. NOT to contest will, only to make brother accountable
This falls under the area of fiduciary litigation. Trusts, probate, guardianship litigation are all key words for looking for an attorney for hold an agent under a power of attorney accountable.
Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
From your fact pattern, it appears that you need to locate a litigator with experience in breaches of fiduciary duty. Under the POA, your brother, the agent, should have only acted in father's best interest. As the executor of the estate, it was his fiduciary duty to protect and preserve the estate for distribution, if applicable. You can search for local attorney's through or by contacting your local bar association.
I agree with my colleagues. You have a complicated and complex situation. Your brother *may* be liable for his actions or inactions, but there is no way to say for certain on your limited facts. You need to meet with a skilled probate litigation attorney to determine whether you have sufficient evidence to pursue a case, and how best to do so.
Best of luck to you!
James Frederick
You need a probate lawyer expierienced in litigation. It seems the first thing to do is to file a Petition to Compel an Accounting of the Agent. Your brother would be ordered to file with the Court an accounting of all transactions made on behalf of your father.
You will then have an opportunity to object to those transaction and your brother maybe ordered to reimburse the estate.
