[WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

[Derek Jensen]

Paul,

Can you elaborate on the sentence, "While she is paying off the creditors, she intends to keep the left over money".

Is she using mom's money to pay off the creditors? If so, how?

How is she going to keep the left over money?

The point of my question is that if your client's mom's assets are subject to the will, then your client must be planning to use some document fraudulently. Once you determine which document is being misused, you should be able to determine what liabilities your client will be subject to. You can add this information into the CYA/withdrawal letter.

>From the way you phrased the question, it sounds like she is using a power of attorney and the bank does not know that mom is deceased. If that is the case, then any use of the funds after death, even the funds to pay creditors, was a fraudulent use.

Sincerely,

Derek W. Jensen, JD, LLM
Jensen Law Office, PLLC

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, April 20, 2017 1:27 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

A client, after several rationalizations, wants to keep deceased mom's estate.  No probate will be opened.  While she is paying off the creditors, she intends to keep the left over money (less than $50k) because "that is what Mom wanted" despite being contrary to Mom's Will (despite my advice otherwise and multiple cya letters).  In doing research, I find  cases regarding PR liability and applicable statute of limitation and trustees and their statutes of limitation (appears to be three years after discovery), but I am not finding cases regarding the non-PR and non-trustee liability and culpability?  Any thoughts?  The beneficiaries under the Will probably don't even know that "Mom" has passed (and in other state.)

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