Can I revoke my sister-in-law's power of attorney after my husband's death?

Full question:

My husband died in October, 2007. We were legally married and were living under the same roof until 4 weeks prior to his death from ALS. I was his primary caretaker. In August 2007 he entered the hospital for 2 weeks, then was released in the care of his sister, a RN, who along with their siblings helped to care for my husband. During this time, behind my back, my sister in law was made general Power of Attorney. My sister in law proceeded to have my husband's valuables removed from my home while I was away, signed my husband's 1994 ford truck to her brother, got possession of and unknown amount of money (approximately $40,000.00), that was to be put in trust for my two children 9 and 12. My sister in law will not show me any documents or proof and will not speak to me in any way to answer any of my questions. <br/> Can I revoke her POA or legally force her to provide documentation of these transactions? Also, was it legal for her to sign over my husband's truck to her brother? I also am unaware as to whether my husband had a legal will or the whereabouts of his personal saving's account that contained $35,000. According to the last statement I saw in Aug 2008. This statement and many other documents were removed from my home while I was away along with my husband's valuables. I was not told what law firm was used and I feel like I am backed against the wall with no options. My husband's bank manager won't talk to me because this one account of my husband's did not have my name on it. I was unemployed and caring for my husband.

• Category: Wills and Estates
• Date: 04/07/2025
• State: National

Answer:

You do not need to revoke a power of attorney (POA) after the death of the principal, as it becomes ineffective upon their death. If your sister-in-law acted outside the authority granted to her or did not act in your husband's best interest, she may have breached her fiduciary duty. In such cases, you can request an accounting of her actions and seek legal remedies.

Agents under a power of attorney have a duty not to unjustly enrich themselves or misuse the assets of those they are caring for. If your sister-in-law signed over your husband's truck to her brother without proper authority or in a way that was not in your husband's best interest, this could also be challenged.

To find out more about your husband's will or assets, you may need to consult with an attorney who specializes in estate law. They can help you navigate the situation and determine the best course of action.