by Sally  10/07/2020  0 Page Views
1 Comments  Wills, probate, letters of administration, powers of attorney

Looking for any assistance as I am new at this and currently highly stressed.


my husband died in large April 2020.  He has a will of which I am the executor.  My husband did not own a car or real estate and had less then $50 in bank accounts so am not planning on applying for probate.


my husband was financial power of attorney for his dad for approx last 5 years.  We had separate bank accounts so I was unaware of source of money for things he bought.  Following his death I initially became power of attorney for my father in-law as per his request and legal documents drawn by lawyer.  


Within few days after my husbands death my father in law started receiving phone calls from his only daughter, during these phone calls she constantly verbally disputed his will with him plus lots of verbally harassment and abuse.  Approx 2 to 3 weeks after my husbands death my father in law told me that his daughter had spoke to lawyer, his will had been changed and she was know his financial power of attorney.  


In october 2019 my husband was diagnosed with stage 4 cancer with estimate time to live between 4 and 18 months.  Even though we had enough money saved in bank account in my name, my husband chose to ask his father for loan of $9000 to allow him to full pay for prepaid funeral.  His dad agreed.  Verbal agreement was made between my father in law and myself that I would repay the loan.  During the following 6 months my father in law kept insisting that he had changed his mind and that it was not a loan but that he had given his son the money.


Within in a few days of this happening my late husbands sister confronted me at her fathers house and told me that she has proof that my husband (her brother) had been guilty of multiple times of financial elderly abuse of their dad.  She verbally told me that  unless I paid back the $9000 she would take me to VCAT.  She said that due to me being executor of my late husbands will I can be held legally responsible for his actions of misuse of his dads money.  I told her I would repay the $9000 which has been done. She told me that she would take no legal action against me once the money was paid back...... that conversation would have been in May 2020.


earlier this week I received phone call from eldest son of my late husband, his is from from husbands previous marriage, telling me that my husband sister had phoned him with a message for me.  Message was if all family photos that she can not find at her dads are not returned by me she will see me in court with charge of theft plus would also be taking me to VCAT.


I have tried to contact my lawyers via email but have received no reply.  I have viewed some bank statements at home for my father in law bank account and have found some entries for purchases of items that are quite obvious not items my father in law would have bought for himself.


As executor of the will can I be legally sued for actions taken by my late husband where he has used money of his dad to purchase items for himself and never returned the money?