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Taken out of Will by Uncle?

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What is the name of your state (only U.S. law)? Washington

My Grandmother (94 yrs old) had a heart attack May 29th of 2008. She lives in Hawaii and owns two condos there. I had just flown my family to visit her for 10 days in April 2008. My Uncle and his two sons flew up after her H/A. I expressed a desire to come up also, but my Uncle said for me to wait because there was nothing I could do, he expressed I should wait until the later part of summer.

My Grandmother has two sons, My Dad (passed away in 2002) and my Uncle. She also has 4 Grandchildren two with each son. All of us are in our 30's and 40's.

During my calls to Hawaii to talk with my Grandmother, 50% of the time I was told she was sleeping. I believed she was sleeping. When I did get to talk with her she says she wished she’d of died, that they’ve taken everything and now she has nothing, that they even stole her jewelry. When I asked my Uncle and/or my cousins about this they kept telling me it is just the medication she is on and she is imagining things. I believed them.

I planned on flying to Hawaii in the beginning of August, which was when my Uncle wanted me to come, much to my surprise my Uncle decided to move her to California where he lives at the time I planned to visit.

Two weeks ago I flew to California to see my Grandmother. I paid for my flight, rented my car, and paid to stay in a hotel. My whole intent was to spend time with my Grandmother.

I was quite surprised to see my Uncle and my step aunt with two brand new $40K plus vehicles and that their 2 bdrm 1,000 squ ft mobile home was for sale ($154K). They even have a maid come in every week now and my step aunt gets pedicures once a week. I found out that he used my Grandmothers money to visit her 3 times after her heart attack and some of the flying was first class. That both my cousins tickets to Hawaii were also paid out of her account. That my cousin was getting rid of everything in her condo as we spoke. (the piano I thought was for my daughter was gone) And on top of that my Grandmother was also paying for my cousins apartment in WA state while he stayed in HI for 4 months cleaning out her condo.

I spent every minute that I could with my Grandmother on my visit to CA. My Uncle refused to let me spend any time alone with her, even when I asked if we could have some girl time together. I was basically never a loud to be alone with her. At the time I thought that he was just being over caution about her movements and condition. I never mentioned anything about $$$ or the will.

Today my mother told me that my Uncle just told her that neither she, me, nor my brother are in Grandma’s will. I am very upset because my Grandmother has always told me that I was getting 1/3 of one of the condos, her jewelry (I’m the only Granddaughter) and a portion of the Bank stock my father had her buy 30 years ago. A lot of family members knew this. She even told me this in April when we visited her in Hawaii and my husband and children heard her.

I’m not sure what legal recourse I have, if any. I don’t think I can ask my Grandmother because of her age and health. Plus I know now that my Uncle is monitoring everything and that his intentions are not honorable. My Uncle is also executor of the will.

I do not have access to her will. I don’t even like to think about this while she is still alive but my Mother is extremely upset about my brother and I being completely excluded. My dad was the executer at the time of his death and at that time the will was 50/50 between both of her sons.

I hope my Grandma lives for a very long time, but is there anything I can do in the meantime. And if she dies what are my chances if I contest her will?

Any help will be highly appreciated.What is the name of your state (only U.S. law)?
 


Farfalla

Member
What you are describing is a from of elder abuse. There is an agency in CA that deals with this. Get all the info/evidence you can and contact them. Hopefully you can get something concrete to show what is going on.

When you talk to them the emphasis should be on that your uncle and his family are draining your grandmother's finances, not that you were written out of the will. That will come if there is a case.
 

curb1

Senior Member
One additional comment. You need to do this immediately. Your situation will get worse after death. Your concern is understandable. This is an abuse of "fair play".
 
I've taken a look at the elder abuse site in California.

LADA Elder Abuse Unit

I believe I have a excellent chance in showing that my Uncle is mismanaging my Grandmothers funds. My worry is that if I call them to report my Uncle He will retaliate and tell my Grandmother what a terrible person I am and that all I care about is her money. With her now living with my Uncle he could tell her all sorts of things that aren't true.

My mother is frantically searching her house for the copy of the old will my Grandmother had.

Is there any legal way I can get a copy of the new will prior to her death? Could it possibly be filed somewhere. I know my Uncle had an attorney from Hawaii redo it a couple years ago. At that time he said I was in it.

What if my Grandmother somehow got conned in giving my Uncle all rights of her estate to him? What if now he has "power of Attorney".
 

seniorjudge

Senior Member
Could it possibly be filed somewhere.

Some states do allow a will to be deposited with the court before death. That option is rarely used (in my experience).

And, I do not know if it is allowed in your state.

So go to the probate court in the county where the person who wrote the will lives and ask them.
 
My Uncle had the Will redone by an attorney in Oahu, Hawaii. Would that attorney have filed it with the state of Hawaii also?
 
I do not know the name of the attorney my Uncle used in Hawaii and I am very doubtful that my Uncle will volunteer that info to me at this time.
 
Farfalla ~ Thank you so much for your advice on "Elder Abuse in California". I have gotten together with many close relatives and friends that that have expressed worries about her situtation. I feel guilty to of concentrated on the will to begin with and know need to concentrate of the abuse of her emotions and finances.

On Monday a family member contacted me about Uncles son accidently dropping out of his wallet one of Grandmas credit cards. The other cousin stated "lets go hit a pub and drink on Grandma" the cousin who had the credit card said he'd already tapped it out and there propably wasn't even $100 on it.

I've gone through the website provided on Elderly Abuse, believe I have a strong very case on financial abuse, isolation from other family members. I have written all I know down and will contact them tomorrow. My main concern is retaliation from my uncle and what he will say to my Grandmother. I love her so much!

Does anyone know what the statisicis are when this type of case if filed? Should i just back off even though I know my Gram is suffering? I just want to do what is right for her and unfortunately we were never alone long enough talk and when I call her I can here someone right next to her listening to our conversations. she gives codes, but I don't understand them.

Three family members and two of her friends from Hawaii have tried to talk to my Grandma since Saturday. On on calls they were told she was sleeping**************.....

Does anone know of a great estate attorney I could talk with in Orange County?
 
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