Legal Question in Wills and Trusts in Alabama
Angry Aunt
My mother-in-law died in Sept 2002. Of brain cancer. She signed a durable power of attorney to her sister June 2002. During the last few months of her life my husband (her only child) was not allowed to call and talk with his dying mother, Due to his aunt being angry at him for something we still are not sure about. The few months left of her (my mother-in-law) life her sister (with POA) liquidated her assets. Transferred everything into an account with only her (the aunt with POA) name on it. After some discovery we found out that some of the assets were given to her (my mother in law) grandsons, completely skipping their father. (Her only child). We feel the aunt did this due to her anger towards him. Is there anything we can do about this? This doesn't seem right to us.
We live in Michigan, Mother-in-law lived/died in Alabama
2 Answers from Attorneys
Re: Angry Aunt
Very serious situation, and very difficult. In my opinion, you may have a cause of action against your Aunt, but how much is the estate worth? I know that's a troubling question, but if the estate is/was $20,000, it will most likely cost more to recover than it's worth. If the estate is/was several hundred thousand (which if there is any real unencumbered property is quite likely) then you've got a real fight on your hands, but I wouldn't walk away from it.
If your M-i-L lived in the northern half of the state, give me a call and I'll see what I can do.
Sterling L. DeRamus
205-458-1100
Re: Angry Aunt
Hello, I have received a copy of your posting regarding yourhusband's aunt. He does have the right to contest the actions of his aunt. He will have to establish that she exercised "undue influence" on his mother. This is a fact specific legal issue that will require testimony about his relationship with his mother, the existence of any other testamentary documents such as a will or trust,the disposition of all assets that belonged to his mother and that were transferred to his aunt's name, and the reason they were transfered. Feel free to contact me or my associate, Karen Crusse, to discuss the details or schedule an appointment so that the matter can be reviewed in depth. John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800
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