Legal Question in Wills and Trusts in New York
My grandmother passed away several years ago which left everything in the hands of my grandfather. There is three survivng adult children but only one had power of attorney. He is now stating that my grandfather chenged the will but is not willing to offer up any information on anything. We have been able to gather documentation that the POA (my uncle) has racked up over considerable bills on credit cards that belong to my grandfather and remortgaged the house twice. There should have been plenty of $$$ in my grandfathers accounts where this would have not been neccesary. We are now clueless as to where to go and if this is legal for him to do. Please help! We reside in NYS.
1 Answer from Attorneys
A power of attorney dies with the principal. In other words, when your grandfather died the power of attorney became void. If your uncle has been acting under the power after your grandfather's death, his actions are fraudulent. Go to the Surrogate's Court located in the county where your grandfather resided and find out if anyone has been appointed executor or administrator. If not, then someone will need to be appointed to bring an action against your uncle. If your uncle has been appointed, then you may be entitled to force him to account to the court for his actions. Seek out the advice of a local estate attorney to assit you.
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