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Cheated out of inheritence

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rapdiva

Junior Member
What is the name of your state? SC

My Grandmother made a will in 1982 when she was in very sound mind that left a home that she owned to me. However, she re-married and fell ill and developed alztimers. Her husband became power of attorney over her estate and transfered the property in his name. The deed states that I jeanette l. by power of Joseph l. hereby give all rights of property to Joseph l. , Which can not be contested by me or my heirs. He basically signed the property over to himself using his power of attorney rights. However, the will was not changed. I would like to know can this be contested, because even though he had power of attorney, she was not in sound mind when the decision was made. Any info is greatly appreciated. thanks
 


nextwife

Senior Member
How long were they married?

He likely acquired a marital interest in the property anyway: husbands and wives comingle assets, spend money together to maintain their home, to pay taxes, etc. How do you know he didn't invest his prior home proceeds into Grandma's home during their marriage with the agreement that the property would be a joint asset, which either would live in if the other died first?
 

rapdiva

Junior Member
they been married 20 years but...

They have been maried twenty years, but he changed the deed entirely and when he dies only his heirs will get the property, he has a son that is not my grandmother's child. What document is going to stand strongest in court, the will or the deed that was changed by the power of attorney. The deed was changed in 05, she had already been diagnosed with alzthimers by then
 
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justalayman

Senior Member
the will can only disburse property that the decedent owned. If the house is not in her name then the will cannot affect the house.

So, what you really want to know is; can you contest the transfer of title.

chances are that you can especially since he was the one to benefit from the transfer.

Ready to spend some money to fight it?

Get out the checkbook and call a couple attorneys and let them tell you how strong of weak your case is and go from there.
 

Dandy Don

Senior Member
What he did might be classified as abuse of power of attorney or elderly financial abuse, depending on what laws your state has about these issues.

You are in a strong position to contest the will because you are correct about the POA being invalid since it was obtained during the time she had already been diagnosed. As you were already advised, you do need to consult an attorney because as a surviving spouse he is entitled to a certain portion of the estate assets and you need attorney to examine exactly how the deed was titled before the change took place to determine whether you have rights in this issue or not.

Are there other assets in the estate besides the house?

DANDY DON IN OKLAHOMA ([email protected])
 

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