My brother, who was Power of Attorney for my father (d. 2015) and then my mother (d. 2019) and then executor of my

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Customer: My brother, who was Power of Attorney for my father (d. 2015) and then my mother (d. 2019) and then executor of my mother's estate, is only releasing the financial acounts from the time of my mother's death. Does my brother not have an obligation to also account for the funds dispersed from 2015 - 2019 (to both my sister and myself who are beneficiaries with my brother in the will). I am being pressured to sign a release immediately or there will have to be a "passing of the accounts" (which is?).
JA: What state are you in? Guardianship law varies by location.
Customer: I am in Ontario. I am 70 years old- my mother was 96. Not a guardian issue , I am- along with brother and sister) benfiiary. I would like an accounting of the estate funds from 2015 - 2019.
JA: Do the biological parents consent to the guardianship?
Customer: Not a guardian issue.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just the question I asked.
Answered by Debra in 1 hour 2 years ago
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Debra
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry for your losses and for this difficult situation.

What province are you in please?

Customer
Ontario
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Debra, Expert

But why didn't you deal with the issue of your father's estate at the time he died?

Customer
His will left everything to my mother and then to the three of us when she died (2019). My brother had power of attorney for (first my father, then my mother) and he didn't share the contents of the will or any information of the assets. He says he didn't have to. I expected that everything wouldbe revealed when my mother died including the management from 2015 to 2019. There was about $900,00 in assets when he died. The assets shown at my mother's death are $400,000. There was 3 years in a retirement home,4 years in a long term care home and a small distribution to 3 kids so maybe it can be explained. He says everything is above but he doesn't want to eplain. I'd liketo know the legal position on this.
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Debra, Expert

He doesn't have to show what happened with your father's estate. It's too late to sue him about it as it had to be dealt with within 2 years of your father's death.

He has to account for what he did when acting under the POA for your mother. That is his legal obligation and you should not sign the release until he does provide you with this information.

Does that clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
My father's estate I am pretty sure, rolled into my mother's assets. So what he did under POA for my mother is really what I'm after. So I will tell him that it is his legal obligation to account for what he did and provide me with this information. (and I will not sign the release until he does.) (1) What happens / what is my recourse if he refuses? The lawyer's letter states thatif the release is not returned by July 3 (30 days from the date it was sent)(hard copy sent to a wrong address for me and not received by me until June 28) - then "I will recommend that the estate trustee apply to the court for a passing of accounts and no payments to beneficiaries will be made until the accounts are passed." I'm okay with waiting. (2) What exactly are a passing of accounts?
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Debra, Expert

It is where the court has to be presented with the accounts and can then approve them.

You would have the right to object to the accounts.

But it is expensive for the estate.

It is vital though if they won't provide you with what went on with your mother's estate before she died.

Customer
Just to clarify what happens/what is my recourse if he refuses ti give an accounting of the funds dispersed while POA for my mother. Are the POA accounts part of what needs to be "passed"? Can he go ahead with the passing of acounts without including the POA accounts? What would be my recourse?
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Debra, Expert

You will get served with the documentation. You can then object and tell the court the issues is what he did with the funds while acting under the POA and you want that accounting.

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