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No will and power of attourney

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KG0625

Junior Member
Oregon.

My grandfather died on Saturday, before his death he had been living with my uncle and therefore my uncle had a power of attorney over him. The day after his death my uncle began making some very large purchases with my grandfathers card. What can we do to stop this and is in legal because of his power of attorney?

Secondly, my grandpa died from a form of cancer usually caused from an x-ray material they used in welding, they also believe that there was asbestosis in his lungs, before his death he had hired an attorney and began a litigation process, what becomes of this process now? and because he did not leave a will what will happen to his settlement?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Dandy Don

Senior Member
Consult with a probate attorney to determine exactly who is going to file for probate for the estate--is the uncle going to do it or are the other family members going to? There is an order of succession for intestate estates so you need to find out which family member is most closely related and who is likely to inherit.

It is the responsibility of the estate executor to notify the credit card companies about the spending.
 

justalayman

Senior Member
. The day after his death my uncle began making some very large purchases with my grandfathers card. What can we do to stop this and is in legal because of his power of attorney?
NO. It is absolutely NOT legal. The POA ended at the death of your g-pa. Uncle can be held liable for all the purchases. If you know who the card issuer is and you would probably need the account, you could contact the card issuer and inform them of the g-pa's death. They will then freeze the account.



Secondly, my grandpa died from a form of cancer usually caused from an x-ray material they used in welding, they also believe that there was asbestosis in his lungs, before his death he had hired an attorney and began a litigation process, what becomes of this process now? and because he did not leave a will what will happen to his settlement?
the suit might be able to continue but that would be up to the executor for the estate. If it is continued and there is a payment to the estate, it would simply add to the estate and be divided, as the laws of intestate succession control.

Of course, that is after any debts have been paid first.
 

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