My question involves estate proceedings in the state of: Ohio
MIL is executor to her mother's estate. Her youngest son had Durable Power of Attorney over her mother (his grandmother). When requested by the Executor to provide documentation of where the money went to while he had POA of her finances-he claims that he is not entitled to cooperate because he was told he didn't have to per his attorney. MIL's sister dropped off copies of receipts to the attorney for proof of her involvment but the copies were just of the top of receipts and the bottoms with the totals that she divided by 2. (Mother was residing with her) Most receipts have no date and full original receipts were not handed in. The sister also claims that her monthly bills were tossed out as they were paid - which I find hard to believe if she had months and years of receipts to turn over.
The son that had control has not provided anything and his aunt (MIL sister) is covering her own butt.
When having POA of finances, aren't you suppose to keep an accurate accounting for all that is spent?? And is the money to be spent on principal or just spent because the POA can? I am sure this will be going to probate because quite a bit of money is gone but it isn't a large estate either. And given what bank records that were received - there should have been a lot more money which would have made for a larger estate.
Any input greatly appreciated.
Would anyone happen to know if there is a cap out of how much an attorney can charge an estate to go through probate to recover missing funds?? Or is it all hourly??
Thanks so much