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what are my rights?

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suitechic1979

Junior Member
I live in Pennsylvania.

I don't even know where to begin. I will try to describe as easy as I can all that has been going on. My grandpa was admitted to the hospital in the late fall of last year. He was 92. Shortly after that he was placed in a nursing home by my uncle. My uncle isn't the type to want to call me and he wouldn't answer my phone calls for me to find out what was medically wrong with him. In the beginning of December I find out that his insurance has run out and basically his son disowns all care in him. He said that he hadn't been a part of his life in two years and why should he start now. He didn't have power of attorney, but he was the closest living relative since my dad had passed away 13 years ago. I then get durable power of attorney papers, but the bank will not recognize it since with my grandpa's health, he was no longer able to sign his name. He did sign an X, it was signed by the lawyer, a witness, and it was notarized. In the mean time I find out that my uncle has already taken a significant portion of money from my grandpa's bank account. Although his name was on it, there was nothing I could really do. The bank would not recognize my power of attorney so I couldn't take care of my grandpa's bills. At the first nursing home he was at he wasn't taken care of properly and it caused him to be in a lot of pain, which caused other problems. They said that he had organic brain syndrome. He knew me and could talk to me about almost anything. I had him taken out of that nursing home and put in another one. I had spoke with a lawyer to change the locks so i could take care of the house with power of attorney. The lawyer had told me that my uncle had no need to get into the house since he denied all care to him.

My grandpa's health took a turn for the worse and I had him put in the hospice part of a hospital. He was there for about a month and got the best care there. He died and luckily my grandpa had most of his funeral paid for. My uncle shows up at the funeral parlor after reading the obituary in the paper. He comes to the viewing and he talks of all that he did for my grandpa and how he stopped when everyone was lying to him. For those of you who do no know my uncle I guess you have to kind of know to understand what he is saying. His whole life he has avoided responsibility and tried to be someone who he wasn't. While we were still in the viewing room, in front of his father's dead body, he wants to talk about my grandpa's estate. He said that he has a will but he didn't sign it in the right place, so it isn't legal. Then he says that I can only get that after the bills are paid, since he doesn't plan on paying anything out of his inheritance for his father's bills... he has a trust in his name for almost 200k. He then asks me for a key to the house. I am disabled, have to get around with a walker, and I asked him if i could give him a key the next day at the funeral mass. He didn't want to do that, but he wanted to meet me in private somewhere else. He had to get into that house for some reason and he wouldn't tell me why. My mother and mother in law both came in and tried to help me out.. he ended up leaving and not coming to any more of the services for his father. After he had left he tried breaking into his father's house, but was unsuccessful. Later on he had tried to break in the other door, but was also unsuccessful.

Now let me think of all the questions. I hope that I explained everything okay. I know that my uncle has some rights now, I think, in dealing with my grandpa's estate. In my durable power attorney papers it says that I have poa, even after his death. I don't trust my uncle to have a copy of the keys to the house. He doesn't think that I am important, even though I am family too. Do I have some right to contact the police over him trying to break into the house? What can I and can't I do now? I know that I need to contact a lawyer, but the lawyer i have contacted so far hasn't been too much help to me yet. Thanks for your time.

Heather
 


moburkes

Senior Member
Well, uncle is not required to pay for any of your grandfather's bills out of his trust. The estate will take care of any bills first. I don't think the POA continues after death, regardless of what it says.
 

suitechic1979

Junior Member
I know that he doesn't have to pay out of his trust. However he took money from the other checking account the day he found that his father's insurance ended. He was trying to save the money for himself.

He automatically thinks that he can just take everything without settling the estate. I know that if he doesn't do anything in 6 months I can step in.

I guess that I just really frustrated that he did not care one bit about his father, and once he is dead he can come in and act like he is top dog. I understand that my grandpa did what he thought was best at the time, not thinking that his son would do this to him. I am mainly glad that I could do what I could for him while alive.

Also my uncle told me that the will he had wasn't legal. I wouldn't trust a will that he gave anyways since you cannot trust the man.
 
I know that he doesn't have to pay out of his trust. However he took money from the other checking account the day he found that his father's insurance ended. He was trying to save the money for himself.

He automatically thinks that he can just take everything without settling the estate. I know that if he doesn't do anything in 6 months I can step in.

I guess that I just really frustrated that he did not care one bit about his father, and once he is dead he can come in and act like he is top dog. I understand that my grandpa did what he thought was best at the time, not thinking that his son would do this to him. I am mainly glad that I could do what I could for him while alive.

Also my uncle told me that the will he had wasn't legal. I wouldn't trust a will that he gave anyways since you cannot trust the man.
File for an intestate probate. If there is a will that should produce one, then let the court decide if it's valid or not; your uncle's opinion doesn't mean a bloody thing.
 

moburkes

Senior Member
Does your county have a website? If so, type "probate", it should give the address. Otherwise, it is in one of those downtown govt. buildings.
 

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