Legal Question in Wills and Trusts in Texas
Rights to probate a will with a Power of Attorney
Grandfather passed away 10/02/05, grandmother still living. On 5/22/05 both grandparents gave granddaughter power of attorney, she probated the will and removed grandmothers name.....there is only one child which they had a written will, leaving her everything. Now grandmother doesn't own anything because granddaughter had the power of attorney and she some how now has all of grandmothers property in her name. What can be done to reverse this???? What do we need to do to resolve this. thanks for your advice on this matter.
2 Answers from Attorneys
Re: Rights to probate a will with a Power of Attorney
You will need to file a lawsuit. If you qualify for legal aid, go to www.texasbar.com and find a clinic near you. Good luck.
Re: Rights to probate a will with a Power of Attorney
It will take a lawsuit to possibly reverse the transfer of property. Then there's a question of standing to prosecute such a lawsuit. You'd actually have to move for guardianship of the grandmother in order to prosecute a lawsuit in her name. You, personally, don't have a legal interest in grandmother's property.
The granddaughter may have a legitimate reason for the transfer, such as making the grandmother eligible for the state to pay for nursing home care without depeleting the grandmother's estate.
Have you discussed this at all with the granddaughter?
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