Family Fued

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Family Feud

What is the name of your state? New York

My grandfather just past away. My grandmother is still alive. My grandfather left a will which I believe gives everything to my grandmother, but my parents and I haven't actually seen it so we don't know for sure. He left a house worth over $400k and thousands and thousands in the bank. He also left behind 3 grown children. One of the children is the widow’s power of attorney (my aunt). My parents live out of state and my uncle lives locally. The power of attorney lives with the widow and takes care of her in a half assed kind of way. We have heard that the power attorney is considering taking out a mortgage on my grandmothers’ house, using the money to buy a new house out of state, moving there with my grandmother, and renting out the current house to pay for the mortgage. My parents and my uncle don't want to see this happen, but what can they do when my aunt is the power of attorney and has control over all the money. Also just to mention, from what we've heard my aunt brought my grandmother to an attorney to sign the power attorney documents but lied about what she was signing and when my grandmother found out what she had signed the told her that she knew about it the whole time and must have forgotten what happened. We just want to make sure that whatever was left to take care of my grandmother is used only to take care of her and when she is no longer with us it will go to the people my grandparents intended it to. What can we do?

Is it possible to have a bank account that only has enough money for my grandmother to live off of for a few months lets say $10k. And leave the rest of the money in an account that requires my dad, my uncle, and my aunt to all sign in order to withdraw money?
Also, as of now my grandmother is the sole owner of the house. I believe when my grandmother passes the house will be left to my father, my uncle, my aunt, my cousin, and myself. Is it possible for the 5 of us to be added to the deed and still keep my grandmother on the deed? This way my aunt (the power of attorney) can't sell the house or take a mortgage out on it with or without my grandmothers consent.

Is there something else we could do that would be better than what I came up with.

Thanks for your reply.

 

[Pfaffing85690]

If you want to help your grandmother then trash any idea except having your uncle sit across the desk from an attorney and explain the issues, including the power of attorney. Have the attorney schedule a meeting with grandmother and if the aunt interfers, have the attorney file an immediate Petition for Guardian ad Litem for Granny.

It sounds as though there MIGHT (big emphasis since no one, including you, knows exactly what transpired between auntie and granny) be undue influence which an attorney acting as guardian ad litem can use to get the power of attorney revoked.

But the first step is to hire granny an attorney.

The next step is to file probate and force either granny or auntie to produce the will. If they do not or there is no will, then granny inherits everything.

That makes getting a guardian appointed for her even more important.

 

[bbwebdesign]

Granny already has an attorney, but it looks like he had her sign the POA papers without explaining what she was doing. So I'm not sure if he is looking out for her best interest. Who would the guardian be? A court? Another family member? A third party?
My father, uncle, and I are going today to speak with the attorney who started this mess.

We can't really afford to hire an attorney if we need to fight my aunt. What do you think of a County service that offers free legal advice and takes care of legal matters but charges depending on the persons income?

 

[Pfaffing85690]

Granny already has an attorney, but it looks like he had her sign the POA papers without explaining what she was doing. So I'm not sure if he is looking out for her best interest.

This is not the attorney I suggested. You need a third-party attorney not aligned with anyone.

Who would the guardian be? A court? Another family member? A third party?

It could be any of those including an attorney.

My father, uncle, and I are going today to speak with the attorney who started this mess.

And I bet you won't get anywhere. Still, it's worth a shot.

What do you think of a County service that offers free legal advice and takes care of legal matters but charges depending on the persons income?

If you have such a service speak with them as soon as your meeting with granny's attorney is over.

One other question. Is granny senile or under a doctor's care? If so, you will need to aprise the new attorney of this, including the doctor's name and any pertitent information.

 

[Dandy Don]

As you were advised previously, you need your own attorney to get the POA revoked and then the attorney or a family member can become guardian. Be sure to get copies of bank statements for each month that this aunt served as POA so you can examine the financial activity to see whether or not she took money she wasn't entitled to.

The county legal service might be good or not (who knows?) but you would be better off hiring your own attorney instead of completely depending on someone to represent you based on what the fee is based on a person's total assets (they seem to be in it only for the money) or at least do a comparison of fees before deciding on who to use. You personally would not have to pay anything--a smart attorney would be willing to take this case on contingency or for a few thousand dollars upfront as a retainer.

Main thing you need to be doing right now is to check at the county courthouse to see if the will has been filed. If it hasn't then find out from aunt where it is.

And after the estate is settled, file an ethics complaint with the state bar association against granny's attorney who didn't advise her properly about the POA and if any fees were paid try to ask for a full or partial refund--his behavior was unethical.