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Grannies Will

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Junior Member
What is the name of your state?What is the name of your state?Kentucky

My question is:

My grandmother is 85 yrs old and has been deemed incompetiant. My mom is 1 of 5 children. My youngest uncle is now staying with grannie to take care of her. He and one of my other uncles went into grannies safety deposit box and read her will. The one uncle (who is not living with grannie) has appointed himself as her legal guardian. The youngest uncle ( the one who is living with her) and the other uncle did this (appointing) without any of the other children knowing of it. After they did so, they informed mom and the other 2 sons that they had done so. They then read her will (remember that she is incompetiant however still alive) and they are now going through her money and seperating her belongings as if she were dead. Needless to say the two sons that are doing all of this, are the only ones to get anything. However, in grannies will Mom had been appointed executor of grannies will, (by grannie herself in 2002 when she had the will written).

My question is can they legally do this, and can they legally do this in the manner of which they have?????????

Mom doesnot know who to go to, or where to go. But she feels that they are not fullfilling grannies wishes. At the rate that they are going, the two sons will have gone through everything that she has worked for before she is even put in the ground. Probably not even keeping enough money to finally put her in the ground. Can someone please help me, so that I can help mom. I appreciate anything that some can offer.

Thanking you in advance for any and all help that we can get. By the way, I and my mom live in Florida, however, grannie lives in Kentucky, along with the rest of the sons.

HELP!!!!!!! THANKS!!!!!!!


Senior Member
First, no one can just appoint themselves as one's legal guardian. A court appoints someone legal guardian. Your uncle may have had granny sign a Power of Attorney. Look on-line in court records in the county where your granny is to see if her name comes up with a guardianship. If not, call the probate division on Monday and ask if there is a guardianship for granny. Then call Adult Protective Services in the county where granny is to report your uncles. Have your mother hire an Elder Law attorney in the county where granny is and have your mother petition for guardianship for granny.

Should your mother become guardian for granny, petition the court for permission to move granny to FL and transfer the guardianship to FL. Then petition the court, after a complete inventory is done and filed to the court, to sell and/or give whatever household things to the person designated to receive them in granny's will and petition the court to sell granny's assests.

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