Grandfather's Will & Estate

What is the name of your state? NC

My grandfather recently passed away. We were told that my mom would be executor of his estate. Now, my mom does not know where is will is located. She is also claiming that "all of his money is gone"; although most of us find that hard to believe. Doesn't something legally have to be done with my grandfather's will/estate? If my mom refuses to follow thru, whom should I contact?

ally-j said:

What is the name of your state? NC

Doesn't something legally have to be done with my grandfather's will/estate?

Click to expand...

Not necessarily. If your grandfather had no assets that were owned solely by him, then there might not be any point in opening probate.

If my mom refuses to follow thru, whom should I contact?

Click to expand...

You can always go to the probate court and file to open probate and be appointed as the personal representative. You could then ask the court to compel production of any will. Without appointment by the court, you just don't have any legal authority to act.

The only proof we have that my grandfather did not have any assets is my mother. As recently as a year ago, we were told that each grandchild would receive $15k when my grandfather passed away. This would have been nearly $100k total. Now, according to my mother, he has no more money. My grandfather lived a very comfortable life, and we just don't understand where all of his money went.

ally-j said:

The only proof we have that my grandfather did not have any assets is my mother. As recently as a year ago, we were told that each grandchild would receive $15k when my grandfather passed away. This would have been nearly $100k total. Now, according to my mother, he has no more money. My grandfather lived a very comfortable life, and we just don't understand where all of his money went.

Click to expand...

End of life expenses can add up fast. In any event, the only way (excluding frowned-upon methods like breaking and entering) that you are likely to find out is:

You can always go to the probate court and file to open probate and be appointed as the personal representative. You could then ask the court to compel production of any will. Without appointment by the court, you just don't have any legal authority to act.

Click to expand...

Agreed.

Did Grampa die quickly without having been ill, like a heart attack? Or was there a series of hospitalizations, perhaps home care or a care facility, or assisted living? Treatments like chemotherapy or assorted med costs? Prescription drugs can run hundreds of dollars a month sometimes, if not covered. Medicare coverage is limites.

In-home care, for example, easily exceeds $5k per MONTH (thats what we paid for a live in caregiver during a terminal illness). Don't forget funeral costs, credit card and installment payments, etc.

Did she have a power of attorney signed by him to authorize her to handle his finances while he was alive? She may have used that to unfairly take advantage of his assets. Check with an attorney to find out if your state has laws against elderly financial abuse and/or abuse of power of attorney (if she had POA she might be legally required to provide an accounting of any monies, with receipts, to prove she spent the money on his care and not supposed to keep it for herself).

If you know where he did his banking, check at the bank to see the status of his bank accounts.

DANDY DON IN OKLAHOMA ([email protected])

The bank accounts may also have POD designations.

Dandy Don said:

If you know where he did his banking, check at the bank to see the status of his bank accounts.

Click to expand...

Just exactly how can the poster do that without ANY legal authorization.

It works like this. The poster asks for the information, and then the bank sees that the person is a relative and may inadvertently release the information, but if it is a professional bank they will tell the poster that they can only release information to the executor.

OMG, people pay you for THIS kind of advice?

Dandy Don said:

It works like this. The poster asks for the information, and then the bank sees that the person is a relative and may inadvertently release the information, but if it is a professional bank they will tell the poster that they can only release information to the executor.

Click to expand...

Are you dreaming? That is the MOST ludicrous thing I've heard today, even more so than today's crap of my BOD-nots.

A professional bank? What the heck is a non-professional bank?

Perhaps the poster should show up with cousin Vinny.