WESTERVILLE, Ohio (WCMH) — A lawsuit filed in Delaware County earlier this month sought to remove the husband of Emily Noble from holding her power of attorney.

According to the lawsuit, a durable power of attorney was signed by Emily Noble on May 15, 2019, giving her husband control of her finances. Attorney Thomas Taneff was named as a successor POA.

Taneff filed the lawsuit seeking to remove Noble’s husband from holding the POA based on information that the husband was being looked into as part of the criminal investigation into her disappearance, and that he neglected to pay her property taxes.

Noble’s Abbeycross Lane condo was titled solely in her name. Her husband continues to live there, according to court filings. NBC4 is not naming her husband as no criminal charges have been filed. The couple was married in August 2018.

“This is just a heartbreaking situation, it’s been a nightmare for this family,” Taneff told NBC4’s Colleen Marshall.

In an email chain included in court filings, a Westerville Police detective confirmed that Noble’s husband is being investigated as a party to her disappearance. Taneff confirmed that information to NBC4.

Westerville police held a news conference Tuesday, confirming that a body found last week along County Line Road is Noble, based on dental records.

By law, the power of attorney ends with the death of the person. Taneff said once DNA evidence officially confirms the body as Noble, then the filing related to the power of attorney is moot. At that point, he said he will likely ask the probate court to ‘pause’ her estate, blocking her husband’s appointment as executor.

That would prevent assets from being dispersed or moved until the investigation concludes.