Legal Question in Wills and Trusts in Ohio
Can an uncle do this
Hello, My grandfather recently passed away and when my mother and 2 sisters went to cash in the insurance policies, we were informed that our uncle who obtained power of attorney from grandaddy 1 month after he'd had a stroke and was incapacitated, had changed the beneficiaries from my grandmother (who has also passed on) to himself. Even though his power ceases at death he has failed to hand over any paperwork to my oldest sister who is executor of the will so that she may take inventory and distribute any assets. What type of recourse should we take?
2 Answers from Attorneys
Re: Can an uncle do this
Atty. Nidich's advice is sound. My office is located in Cleveland, Ohio. If I can be of any assitance, please feel free to contact me.
Re: Can an uncle do this
I assume the probate is taking place in Ohio. If not, you'll have to get a PA attorney to answer the question.
In general, a person must be competent to execute a power of attorney. Ohio law presumes everyone is competent until proven otherwise. Insurance proceeds do not go through probate, so you may need to file a lawsuit against your uncle to obtain any information and to set aside his beneficiary change. I assume, again, that you have a probate attorney. You should check with her or him about the specifics.
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