Legal Question in Wills and Trusts in New York
My grandmother passed away over a year ago. My aunt had power of attorney and she has refused to give the family any information. We have also found insurance policies which my grandmother is listed as owner so what happens to those policies now that she is deceased. How can I finf out what is in the will
2 Answers from Attorneys
The power of attorney died with your grandmother. If she did not have a will or no will has been produced, her children or grandchildren can open an intestate probate matter. Therefore, the family should demand that the aunt produce a will or the family will move forward with the assumption that there isn't a will.
This may or may not hurt you depending on how many children she had during her life.
Licensed and practicing in New York.
Paula is correct. I suspect the POA does not want to account for her actions and she may have done something improper. I suggest that you check with the Surrogate in the County where your grandmother lived when she died. If no will has been submitted for probate, next of kin can apply for administration and will then have the right to investigate what has happened and then decide what to do. You can inquire of the insurance companies as to who are the beneficiaries, so they can be advised and apply for the proceeds. If there are no named beneficiaries, whoever is appointed administrator of the estate can apply for the proceeds and distribute the estate to those heirs who are entitled to receive them.
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