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My Great Uncle

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ahoggle

Junior Member
What is the name of your state? Alabama

My great (actually great great) uncle died in January. He was 95 years old. For several years up until his death, my mother (his great niece) was acting as his caretaker and power of attorney, as he never had any children of his own. She made some very poor choices and spent some of his money on herself without his knowledge. No one else in the family knew she was doing this. Needless to say, he found out about it and disinherited her from the will. She was to inherit all or a majority of his assets. He then appointed a friend from his hometown to be his POA. I helped with a great deal of his caretaking responsibilities as he was moved from hospital to nursing home to Hospice. He no longer trusted my mother or had a relationship with her (for good reason). Now, we find out that he changed his will and left everything to his church. He had an estate of over $100, 000. While I understand why he would not give anything to my mother, I don't understand how he could leave out my sister, my grandmother, his other niece, and me. I have 3 small children, and he was such a generous man who would always help in time of need (although I never made a request to him for money). I was wondering if I or anyone in my family would have a basis to contest his will as his only living relatives and next of kin. Thanks
Amy Hoggle
 


Dandy Don

Senior Member
Does your mother have any brothers and sisters?

Sorry that you didn't inherit, but he may have unfairly taken out his frustration with your mother by not leaving HER kin anything either.
 

xylene

Senior Member
Leaving money to ones church is perfectly a normal thing to do.

Especially in the face of a clearly contentious family situation and previous financial abuse.

Your mother is lucky to escape without criminal charges.

You are not owed anything monetarily as a result of your acts of goodwill in caring for your GG uncle.
 

anteater

Senior Member
What is the name of your state? Alabama
....I was wondering if I or anyone in my family would have a basis to contest his will as his only living relatives and next of kin. Thanks
Amy Hoggle
You probably have standing to contest the will, but it doesn't sound as if there are any grounds to contest it.

The major gronds for contesting are 1) legal competency to make a will or 2) undue influence. The standard for the first is generally pretty low and, for the second, pretty high. From your description, it sounds like your great uncle knew pretty well what he was doing. And, unless you can show that his pastor had a baseball bat aimed at his knees, it doesn't seem to be a case of undue influence.
 

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