Intestate distribution disregarded?

[lostmydad]

What is the name of your state?What is the name of your state? Arkansas

My grandfather recently died, my father predeceased him by 2 months. My uncle, who was POA for my grandfather due to Alzheimer's for the past year, claims he cannot find grandfather's will. Since grandfather's death 3 weeks ago, uncle has bought EXTREMELY expensive items (in excess of $100K). I know life insurance doesn't pay off that quickly. I've been calling the appropriate county clerk every few days and they say no will is in probate for grandfather. I find it hard to believe the will was not found for reasons I won't bore you with, however, I realize that I can never find out for sure, so I checked the Intestate Distribution statutes of the Arkansas Family Code. It basically states I should get my deceased father's share of grandfather's estate.
How could he be spending grandfather's money? Am I missing something here? Doesn't uncle's POA designation terminate with the death of grandfather? Could my uncle be legally using grandfather's money some other way that I don't know of? He knows that my own father was unable to leave me anything... I hate to think that my uncle would totally disregard my right to inheritance. I've loved and looked up to him all my life, but I'm becoming concerned that the feeling isn't mutual when it comes to money.
IF I decided to do something to protect my part of the inheritance, what would that be?

 

[Dandy Don]

My sympathies for your having to endure such a sorry situation while you are grieving.

Yes, you are correct that the POA expires at the time of death. The problem is that he has access to the money before the death--any monies that he does not spend on care for your grandfather belong to the estate.

On the positive side, if you can prove by your grandfather's doctors records/medical records that he was suffering from Alzheimer's on the date that he signed the POA, then the POA will be rendered invalid/void, since a person with diminished mental capacity can not enter into any type of contract/agreement. You need to be consulting with a family law attorney who specializes in elder financial abuse to see whether your state has laws against abuse of power of attorney and elder financial abuse, which seems to be what happened here. Your uncle, if charged, will have to repay this money back to the estate.

If you think your grandfather may have used the services of a probate attorney to help draft his will, you can place a small classified ad in the paper asking for anyone with knowledge of the will to come forward. Can you think of the names of 2 friends or relatives of your grandfather who might have been witnesses who might have further information about the will?

You do not qualify for intestate distribution unless your father's share of the estate would be passed on to you. Start talking to an attorney now. He may want to open up probate just to ask the judge to order uncle to produce the will if he has it.



DANDY DON IN OKLAHOMA ([email protected])

 

[lostmydad]

FYI and another question

You do not qualify for intestate distribution unless your father's share of the estate would be passed on to you. Start talking to an attorney now. He may want to open up probate just to ask the judge to order uncle to produce the will if he has it.

DANDY DON IN OKLAHOMA ([email protected])

FYI, yes, my father did leave a will that named me as sole beneficiary of his estate. Unfortunately, though, the once successful man I was so proud of was financially destitute by the time he died, and I was advised by an attorney not to bother probating his will. But I do still have the will, just in case, and I have 4 years to probate it. If by chance there is an inheritance from grandfather, would father's will have to be probated for me to receive it?

 

[Dandy Don]

Probably yes, depending on how much you will be receiving. After you find out the amount you would need to check at the courthouse to see what they consider the minimum amount to be necessary for probate to occur--they may have a simplified procedure if the estate is small.