Legal Question in Wills and Trusts in California
Power of Attorney and Estate question
I have a grandma and a step grandfather, they have been married for about 27 years, so we have my mom and her brothers / sisters from a different dad on my grandmas side and then children on my step grandfathers side of the family, within the last couple of years my step grandfather has been diagnosed with dementia or azhemiers something like that so my grandmother has been taking care of him, recently his oldest son went and got power of attorney over him with my grandmother not knowing and now his oldest son is saying that the apartment that my step grandfather owns and purchased only 4 months before my grandma and step grandfather got married is going to only be left to my step grandfathers side of the family. My question is even if the apartments are in my step grandfathers name and even if in his will he says he wants the property to go to his side of the family (ex. oldest son) doesn't my grandmother still own half of the apartments because she is married to him? Also could she somehow get power of attorney instead of the oldest son having it? and finally does my grandmother being his wife have the right to look at the power of attorney documents that were written up between my step grandfather and his oldest?
1 Answer from Attorneys
Re: Power of Attorney and Estate question
Your questions are not subject to a general answer. One needs to see the POA document, see when and under what circumstances it was executed, what powers, if any, are given, etc.
If you want to protect your grandfather and the side of his family that you represent, you have to take some action. Consult an attorney and get help from your sibs, if necessary, so that your and their interests can be protected.
Getting grandpa to sign a power of attorney document means nothing unless he was mentally competent at the time, understood what he was doing and wanted to do it of his own free will and not under any fraud, duress or undue influence.
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