This is a complicated situation, but I will try to give a brief summery. My mother passed away in June of last year. My Grandmother (Her Mom) passed away in April of this year. A few weeks before my grandmothers death, My uncle who had power of attorney over her estate changed beneficiaries on her IRA account to himself and my father. This eleminated my sister and I from getting what would have been my mother's share of the IRA since she passed away before my grandmother. We have just learned that my uncle has power of attorney of our step grandfather's estate. This was done two months ago. There is no blood relation. Our dad mentioned this to us after our Grandfather was found in a town several miles away without knowing where he was or how he got there. A medical review now shows he is incapacitated. He does have blood relatives living as well as grand children from a previous marraige. However; according to our dad his will does not include them.
2007-10-19 14:38:41 · 6 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
When asked about who does his estate go to, my dad said he did not know. It seems to me that if he knows who is excluded, he should know who is included. My sister and I feel like we are being left out of alot of the decision making since our mother passed away. We were left out when it came to my grandmothers estate, and it appears that it is happening again. So the questions are, Do we have any rights? Does it appear that our father and uncle are taking advantage of the situation? And shouldn't we have been informed of these decisions? What about his blood relatives, shouldn't they be consulted in this matter? This is a very substantial estate, and things seem a little shady. Should we confront my uncle in this matter? Sorry so many questions on one subject, any help would be appreciated.
2007-10-19 14:44:54 · update #1
You would appear to have no recourse.
2007-10-19 14:42:34 · answer #1 · answered by Good Answers 7 · 0⤊ 0⤋
Your grandfather should have left a will before he became incapacitated. Wills then go through probate court, and if there is any dispute, it is generally settled amicably by an impartial judge. Apparently no one in your family left any kind of bequests. I am not an expert on this subject, but I was made power of attorney when my brother who recently passed away, became incapacitated. As such, my only obligations were to handle his financial matters, which included making deposits into his checking account and paying his bills. We had a joint account, but I never used it except for being co-signator in the event of his incapacitation. I never spent one penny of it on myself, and it was also a sizeable amount. I think your best option is to hire an attorney and find out what, if any, rights you would have if your grandfather died intestate (without a will), and if your uncle acted in a proper manner by changing beneficiaries. I would think that was going far afield of what your grandfather would have wanted, and I would even question the legality of it.
2007-10-19 15:00:09 · answer #2 · answered by gldjns 7 · 0⤊ 0⤋
Normally, power of attorney gives him control. BUT, since this was done two months ago and your grandfather was found miles away and declared incapacitated, then you need to check with an attorney because he may not have been allowed to change his beneficiaries because of his mental state. You really need to check with a really good attorney in these matters.
2007-10-19 14:49:14 · answer #3 · answered by LAL 5 · 0⤊ 0⤋
you need an attorney to settle this one but there may be something unethical about your uncle having the power of attorney and assigning value to himself and your father using that. Get an attorney and let him figure all of that out.
2007-10-19 14:58:35 · answer #4 · answered by Al B 7 · 0⤊ 0⤋
often the better half has first stab at means of legal professional while there is no will except their is information of abuse. to establish that him to be means of legal professional, you husband desires to sign over his rights to the Step new child putting forward he needs that new child particularly to look after him and denying you your rights. devoid of that, issues default to better half, then next of kinfolk. Get a legal professional to lower back you up. additionally consistently HAVE A FREAKING WILL!!! subsequently why you have one. to maintain rubbish like this happening while some thing undesirable occurs. Sorry, in simple terms mandatory to vent on that area.
2016-10-04 04:52:37 · answer #5 · answered by Erika 4 · 0⤊ 0⤋
You can consult a lawyer and maybe contest the probate of the will, but for all intents and purposes you're kinda f'd.
2007-10-19 14:41:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋