Legal Question in Wills and Trusts in California
Dad and Grandma pass away Aunt takes all
My father passed away unexpectedly on May 21, 2002. His mother passed shortly after on June 16, 2002. My father's sister had power of attorney over my grandmother's estate and has cut my sister and me from my grandmother's will. Prior to my father's and grandmother's passings my father had mentioned this matter to my grandmother and she was not aware of any changes. They made a call to my grandmother's sister regarding this and she also was unaware of any change. I have not been notified of a reading of a will. The aunt with power of attorney also purchased a vehicle and motorhome with my grandmother's money prior to her passing. What action can I take to collect my father's share of the estate.
2 Answers from Attorneys
Re: Dad and Grandma pass away Aunt takes all
The will could not be changed with a power of attorney--this requires your grandmother herself to request the changes and sign the new will. There may be financial elder abuse and/or fraud, so see an attorney about opening probate (if one has not been opened already) and whether a claim against your aunt is appropriate.
Re: Dad and Grandma pass away Aunt takes all
A will is required to be filed with the county in which the deceased resided. Check with the Superior Court there. Do you have a copy of a will? How much is/was the estate worth at the time of death? If over $100,000 and there was no trust, the estate must be probated ... with or without a will. Power of attorney does not allow someone to change the terms of a will.
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