• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

If it walks like a duck...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
My state is Alabama.
Here is some background info. I was raised by my grandfather and 20 years ago when my grandmother died my grandfather put my name on the checking account and the life insurance policies he had shared with my grandmother.He also occasionaly spoke about a will where he had left the house and everything else to me. I never saw a will and did not pursue it. He has three children, my mother, my aunt and my uncle.
My grandfather died in july after a long illness. He had been moved to a hospice to spend his final days.Two days after he had been moved into the hospice, my aunt informed me that he had her draw up a will and had given her power of attorney. She informed me that she had removed my name from the checking account and that my grandfather had wanted the life insurance policies, checking account and the house split four ways. My grandfather died four days later and my aunt became executer of the estate.
Fast forward to now, I have received the life insurance policies where I was listed as sole benificary and have placed them in the bank. I already know that the policies fall outside of probate and not considered part of the estate, so I have them and am not going to say anything until I find out what's going on.
My aunt called me yesterday and informed me that the attorney had stated that it would be an additional 9 months before the will was probated? She also told me that if I wanted anything out of the house I needed to come and get it because she was going to sell the house and put the money into the estate. She legally cannot do that can she? She cant sell the house or give away items in the home until the will is probated? I have not seen a copy of the will or letters of testimentry. If I took anything from the house and my other family members found out couldn't I be charged with theft?
Couldnt she be charged with theft for giving items away or selling the house?
Things have gotten nasty betwen my aunt and my mother, both are calling me and talking about the other. My mother is constantly calling me wanting information...and honestly even though I feel that this new will is false, I do not want to be caught up in the fighting between those two..so I am sitting back and watching what happens. But, for my sake I do not want to do anything illegal and regardless of what my aunt says, removing items from the house at this time does not sound legal.
Are my concerns legitimate?

Dandy Don

Senior Member
So did you get your share of money from the bank account or did they rob you of that too?

Check at the county courthouse probate court to see if the newer will has been filed. If it's there you can get a copy.

You need an attorney now just for purposes of consultation. It strongly appears that this aunt exerted undue influence/pressure to get the old will thrown out so that a new one could be drafted in her favor. And you also need to ask your attorney if your state has laws against abuse of power of attorney--if so, then it is possible that she will have to repay monies she got fraudulently.

You do have grounds to contest the will, but whether it is wise to do so (spending thousands of dollars for attorney fees) is another matter. Your case would be stronger if you knew where the older will was or if you know the attorney who helped draft both wills. Your attorney can examine the newer will with you to see if it has any weaknesses or errors.

Don't be concerned about being charged with theft--she is obviously feeling guilty about how she shafted you and is doing something to try to make up for it. Just take what you want and have a videotaped inventory made of what you get.

DANDY DON IN OKLAHOMA ([email protected])

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential