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

[Paul Neumiller]

“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?”
<<<Daughter was listed as a co-owner of Mom’s bank accounts pre-death so Daughter has access to the funds post-death>>>>
“How is she going to keep the left over money?”  <<<by not paying it to distant named relatives so probably don’t even know that Mom has died since they have not been heard from in decades.>>>  <<<The problem, in the daughter’s mind, is that daughter was to receive Mom’s house and the rest and residual beneficiaries were going to receive a minor sum of around $500 at the very most.  BUT the house had to be sold and Mom went on Medicaid (daughter has paid off the Medicaid amount).  And then Mom died so now the rest and residual beneficiaries are going to get a lot more money than Mom desired (And it doesn’t help that Daughter is close to being homeless herself.) >>>


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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Derek Jensen
Sent: Friday, April 21, 2017 4:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

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> [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<mailto: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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