Step-Aunt Stealing From Me After Grandma's Death

[c_anthony]

I live in Fairview, MI. and I really need some advice here. I was an unpaid live-in caregiver for my Grandma and Step-Grandpa for the last two years. Grandma died in July so Step-Grandpa decided to move in with his sister and auction off all his personal property. He put me in charge of his estate, we filed the paperwork granting me full power of attorney, and he moved in with his sister. He has Alzheimer's so his daughter (my Step-Aunt) took over his finances (although I still have full power of attorney).

It was agreed between my Grandpa, his daughter, and I would receive half of the proceeds from both the auction and any other personal property sold. The reasons being that I took care of them for two years, poured the entirety of my savings into their bank account to bail them out of a bad financial spot back when I first moved in, and that I deserved some sort of inheritance when my Grandma passed.

This is where things get messed up.

My Grandpa's brother bought his tractor from him for $2500. I was supposed to receive half. He sent the money to my step-aunt who was supposed to keep half (for my Grandpa) and mail the other half to me. She kept it instead, supposedly to put towards Grandpa's debts (my Grandparents weren't good with money). Not only that but she's turned against me completely. She blames me for Grandpa's debts and claims her lawyer says I'm to stop removing items from the house for the auction.

I don't know what to do here. Where do I stand legally?

Normally I would have just washed my hands of this aggravation but the situation with my Grandparents left me destitute and the job market here is nil. I desperately need that money to survive through the winter until I can start a seasonal job next spring. Abandoning ship, so to speak, isn't really an option for me at the moment.

 

[Proserpina]

I live in Fairview, MI. and I really need some advice here. I was an unpaid live-in caregiver for my Grandma and Step-Grandpa for the last two years. Grandma died in July so Step-Grandpa decided to move in with his sister and auction off all his personal property. He put me in charge of his estate, we filed the paperwork granting me full power of attorney, and he moved in with his sister. He has Alzheimer's so his daughter (my Step-Aunt) took over his finances (although I still have full power of attorney).

It was agreed between my Grandpa, his daughter, and I would receive half of the proceeds from both the auction and any other personal property sold. The reasons being that I took care of them for two years, poured the entirety of my savings into their bank account to bail them out of a bad financial spot back when I first moved in, and that I deserved some sort of inheritance when my Grandma passed.

This is where things get messed up.

My Grandpa's brother bought his tractor from him for $2500. I was supposed to receive half. He sent the money to my step-aunt who was supposed to keep half (for my Grandpa) and mail the other half to me. She kept it instead, supposedly to put towards Grandpa's debts (my Grandparents weren't good with money). Not only that but she's turned against me completely. She blames me for Grandpa's debts and claims her lawyer says I'm to stop removing items from the house for the auction.

I don't know what to do here. Where do I stand legally?

Normally I would have just washed my hands of this aggravation but the situation with my Grandparents left me destitute and the job market here is nil. I desperately need that money to survive through the winter until I can start a seasonal job next spring. Abandoning ship, so to speak, isn't really an option for me at the moment.

Well, you see to argue no matter how many threads you start...I suggest you pay for an attorney to guide you further.

What I will say though is that you have virtually no chance at this being resolved quickly. You should make other plans for winter.

 

[CSO286]

I'm fairly certain that all estate proceeds must first be used to pay any and all outstanding debt before and beneficiaries can receive any type of inheritance.

So if your step aunt is using sale proceeds to pay the debts, that's the right thing to do.

But, yes, and especially if there is no will in place, you should speak to an attorney.

 

[Zigner]

If Step-GPa has Alzheimer's, then it's quite possible that the PoA is no good since Step-GPa may not have had the mental capacity to execute such a document.

 

[c_anthony]

Well, you see to argue no matter how many threads you start...I suggest you pay for an attorney to guide you further.

What I will say though is that you have virtually no chance at this being resolved quickly. You should make other plans for winter.

Unfortunately, as I said, I'm left destitute. I barely have enough money to get me through a month much less hire an attorney otherwise I would. It's a bad situation and I'm scrabbling, trying to figure something out.

I'm fairly certain that all estate proceeds must first be used to pay any and all outstanding debt before and beneficiaries can receive any type of inheritance.

So if your step aunt is using sale proceeds to pay the debts, that's the right thing to do.

But, yes, and especially if there is no will in place, you should speak to an attorney.

Isn't that only if the person is deceased though? Because my Grandpa is very much living.

Again, I'd talk to an attorney if I could but I can't afford to.

If Step-GPa has Alzheimer's, then it's quite possible that the PoA is no good since Step-GPa may not have had the mental capacity to execute such a document.

He does have Alzheimer's but has only been diagnosed by one doctor and was never declared incompetent or anything. I'm not sure how that would effect things, but...

 

[CSO286]

Paying his debts before giving away his assets--monetary or tangible--is still the right thing to do.

If he has to enter any type of long term care for his dementia and has to have state aid to help pay for it, giving you money could seriously affect his medicaid eligibility.

What you really need to do? Go out and get yourself a job, find your own place, and become self-sufficient.

It may not be what you want to hear, but it's the reality of your situation.