If standard revocable trust - and she is competent, yes. If grandpa owned 1/2 died, and put it into irrevocable bypass trust - then no (his 1/2).
Assuming no undue influence, one receiving not a caretaker?
If nothing is "WRONG" then you go by the saying a gift is nothing until completed - anyone is free to change a Will or a replacement vehicle.
See a lawyer if something is "wrong" (aside from just changing her mind).
This does not create an attorney/client relationship. This does...
I think you mean "Executor".
Go back to the attorney and ask if he has an unsigned copy, and if that copy can be admitted under a "lost will statutue". Possibly a copy on his computer?
Ask attorney if client signed at his offices, is there a receipt or letter back to your grandpa with the Original?
Check to see if there is any other bank that your grandpa had an account.. then safe deposit box.
If all fails - you will be left with succession statutes of the state grandpa lived -...
Sorry for your loss.
If you are not a beneficiary, why would you want to be Executor?
If she lacks capacity, and does not want the appointement, then she can decline in favor of the alternate your father specified.
Many of her functions can be accomplished by legal counsel, and ind. contractors - cpa, bookkeepers et al. Does not typically take much effort - just hiring the right people.
You should consult with local counsel (check this Avvo website) if you have any questions, would...
Likely you have property in a revocable trust, correct?
Lender likes you to confirm in that document that you are Trustor/Trustee - and you have various powers such as to re-fi. Often they require you to provide a copy of the Trust.
I am assisting a client w/ a re-fi right now. Lenders are now allowed to do re-fis through the revocable trust if requirements are satisfied (they have a list). Trust Certification and copy of Trust are often reqts.
Note - you can also deed out of trust,...
Of course she should not do this - but the question is whether she can "get away" doing this.
Did he demand the return of the Power of Attorney that she is operating under?
Is this simply a Power of Attorney at a specific bank that he kept going? If so, presumably he now has closed this account?? or notified the bank / revoked???
This is a critical document - if you give out the Power of Appointment - physically you need to file the statutory procedure to cancel and notify all in...
Please add some information - how is she disposing of assets without probate if no property is in a revocable living trust, joint accounts, named beneficiaries on accounts et al.
Do you know who the lawyer was of wife's father so you can clarify the Will question. Check title to the house - is it in a Trust or not?
Your wife should immediately get a free consultation with an attorney in the location dad lived (add that please to your fact pattern - does not have to be your state, could...
A Will is supposed to be filed w/the county after death - call your county registrar and check. You may have to go there (county your dad resided).
If he owned real estate - check title.
You can check with the Superior Court of county he resided to see if probate commenced (doubt it).
Very good chance he left to 3 wife ............ but worth checking. She is required to send you a copy of the Will/Trust if there is one - but property can be joint and she can be beneficiary so may be...
This is crazy -
She should speak to her siblings, and initiate a probate.
There may be a parent/child property tax exemption available still - until a sale or transfer. If not done- could be HUGE tax liability from not reporting to Assessor for 30 years.
This situation gets worse as people die - get her to see an attorney on Monday.
I have handled a bunch like this - closing one now - a pain for clients as generations of beneficiaries die... for us probate attorneys, not so bad -...
First - who would get the home.
If community property - goes to your mother. She can in turn gift to you.
You don't need full probate to get property in mother's name.
Mother then can gift to you - likely gift tax is not an issue, but need to ask an attorney.
The bank is not likely to "call the loan" because your father died! If sold- diff't.
No tax hike on transfer to mother. With Parent-Child Claim w/ Assessor, would not be hike if she transfers / gifts to you.