Any thing I can do

[notravels10]

What is the name of your state (only U.S. law)? CA

My mom has been taking care of my grandparents for the last 10 years.Not living there but going down 3-5 times a week to help them with medical appointments,My grandfather had cancer and my grandma has alzheimer's.They own 3 different property's.My mom has lived in one of them and has paid "rent" since I was 10 years old.My grandfather has no will and has transfered all the property's to my grandmother.My grandfather passed away 8/11/2010.So my mom had to stay there 24/7.my grandmother has no will at this point.My mom passed away on 11/12/10.My mom has 2 brothers.One that lives out of state.He wants to sell off everything and run back to Arkansas.He has said that he has POA over my grandmother.I have never seen it.Is there any way to stop him?Will his greed over power any legal rights I thought I had.Since my mom died does that mean her 2 remaining brothers keep it all or was my mom entitled to something.Can a felon have POA? I guess I dont want my mom dieing in vain taking care of her parents and him walking out like a thief.Sorry for the long read

 

[aldaron]

Wait till the lawyers chime in but POA is only for living folks, also your her direct heir as where a brother is a secondary heir. In other words your 1st in line. Your state laws will govern how its done. With no will and greedy family members your better off talking to an attorney like NOW to protect your interests.

 

[notravels10]

Yea my grandmother is still alive.My uncle wants to sell everything and kick my twin brother out of the house that my mom and him lived at and paid rent to my grandfather.There was no rental agreement.I thought since my mom died it would be just my 2 uncles who get everything of my grandmothers.Instead of 3 ways just 2 ways.And me and my twin would get nothing from my grandparents.

 

[anteater]

Wait till the lawyers chime in but POA is only for living folks, also your her direct heir as where a brother is a secondary heir. In other words your 1st in line. Your state laws will govern how its done. With no will and greedy family members your better off talking to an attorney like NOW to protect your interests.

I think that you are misinterpreting, aldaron. Grandmom is still alive. At least, I think she is. Mixing of the present and past tenses does confuse things.

notravels -

Condolences on the death of your mom.

While grandmom is alive, none of her children is (or was) entitled to anything. If she passes away without a will, her surviving children and your mom's children would be entitled to inherit.

With regard to the brother and POA... An agent/attorney in fact is required to act for the benefit of the principal that granted the power - the agent's fiduciary duty to the principal. The agent cannot engage in self-dealing. The agent cannot steal. Even if the agent sells assets, the proceeds still belong to the principal (Grandmom).

That said, there is not much that can be done until the agent actually commits some act that breaches that fiduciary duty. You could apply for guardianship/conservatorship, but that is a formal legal process and will take some upfront money.

 

[aldaron]

Oops****************************..

 

[notravels10]

Thanks for the reply's.
I think me and my brother are out of luck.I talked to my uncle yesterday asking if he was gonna stick to the original plan.That plan was to sell all 3 property's and split it between the 3 siblings.I asked if me and my twin get my mothers share and he said he doesn't know.Wouldn't give me a yes or a no.I'm thinking he like's the way his piece of the pie got bigger since my mom died.I guess greed does concur all and my mom died caring for his and her parents is worth nothing in his heart.Thanks again

 

[divona2000]

...my grandmother has no will at this point.
My mom passed away on 11/12/10.
My mom has 2 brothers.
One...He wants to sell off everything...has said that he has POA over my grandmother
Can a felon have POA?...

Yea my grandmother is still alive.
My uncle wants to sell everything...
I thought since my mom died it would be just my 2 uncles who get everything of my grandmothers....
me and my twin would get nothing from my grandparents.

While grandmom is alive, none of her children is (or was) entitled to anything. If she passes away without a will, her surviving children and your mom's children would be entitled to inherit...

notravels, right now what grandmother has is belongs to her. Like anteater said, when she dies, if she did not have a will made, your two uncles, and you and your twin, may inherit whatever she owns.

Is your uncle is trying to use that POA to sell her stuff right now?

If so, to protect her, you may need to talk about it to a lawyer who does Elder Care work.

 

[anteater]

Just a bit of clarification to what divona said...

If your uncle does indeed have a POA, the mere act of selling grandmother's property would not be a breach of his fiduciary duty. But slicing and dicing any proceeds would almost certainly be.

One thing that your twin could do... If the uncle starts talking about booting your twin from one of the properties, your twin should ask him to produce the document that demonstrates that uncle has the legal authority to do so.

I talked to my uncle yesterday asking if he was gonna stick to the original plan.That plan was to sell all 3 property's and split it between the 3 siblings.I asked if me and my twin get my mothers share and he said he doesn't know.

If your grandmother passes away without a will, then your uncle does not have a plan. And grandmother's other child does not have a plan. And neither you nor your sibling has a plan. The only one with a plan will be the state of California. It is called intestate succession.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414

 

[notravels10]

notravels, right now what grandmother has is belongs to her. Like anteater said, when she dies, if she did not have a will made, your two uncles, and you and your twin, may inherit whatever she owns.

Is your uncle is trying to use that POA to sell her stuff right now?

If so, to protect her, you may need to talk about it to a lawyer who does Elder Care work.

Thanks for your reply's.He hasn't tried to sell anything yet.He is trying to find someone to look at a 1930 laSalle car to see what he can get for it.He made the statement about "Grandma wont die with out a will like Grandpa".I was thinking if there was a way to contest that because she is not all mentally there and my uncle could easily "coach" her will in front of the person doing the will.I guess the only way to know if i have a case or anything would be to talk to a lawyer.Thanks again!

 

[divona2000]

...a 1930 LaSalle? Wow.
Depending on model, condition, etc...anywhere from $10,000 to over $120,000, or more, or less.
Who's name is on the title to that car?

 

[notravels10]

...a 1930 LaSalle? Wow.
Depending on model, condition, etc...anywhere from $10,000 to over $120,000, or more, or less.
Who's name is on the title to that car?

The body seems to be straight.needs restoring.I'm sure my Grandpa or Grandma's name is on the title.The car is at the property my twin lives at.

 

[notravels10]

I just wanted to pass along that my Grandma has passed away on Saturday night.I'm still in the belief that my uncle has not made any plans on what to do.Neither has the other uncle.I have read a lot about intestate succession.And hope that he acts in a professional manner.

 

[colourfastt]

I just wanted to pass along that my Grandma has passed away on Saturday night.I'm still in the belief that my uncle has not made any plans on what to do.Neither has the other uncle.I have read a lot about intestate succession.And hope that he acts in a professional manner.

At this point any POA he may have has terminated, so he wouldn't be able to act using it. Second, if you're concerned about his manner in administrating the estate, you can petition the court to be appointed administrator of the estate.

 

[notravels10]

I wanted to let you know that my other uncle informed me that we are going to probate.Because there is no will.He also asked me to help pay off the property taxes on the 3 property's. Also made a statement that I would be getting my mothers share.So in probate anything that sells goes into a account,then after everything is sold it gets dived up?thanks

 

[anteater]

So in probate anything that sells goes into a account,then after everything is sold it gets dived up?thanks

It doesn't mean that all probate assets have to be sold. They could be distributed in kind.

But, yes, if the assets are sold, that's right. However, any legitimate debts of the deceased and any expenses of probate are paid before the divvying is done.