Skip to main content

How do I proceed with dealing with (as a 25% beneficiary) in an estate/trust after the family member has passed away?

Minneapolis, MN |

My grandfather passed away in 2012 from Alzheimer's, which he was diagnosed with in 2008. In 2011 (by the time he was in the last stages and comletely incoherent) my grandmother (by marriage) (who has power of attotrney) took a $240,000 loan out on their marital property (which would appraise at approx $550,000 today), cashed out most all of his CD's (not sure the exact amount, but over 100k) and purchased a another property which likely was upwards of 1.2 million. In his will, it states that I am entitled to 25% of his assests, which have now been made considerably less by my grandmothers actions prior to his death. I'm unsure about how to proceed, mostly because I don't want to cause a rift in the family.. but from all appearances she took full advantage of my grandfathers assests pr

Attorney Answers 2

Posted

It certainly looks bad, based on the facts that you presented. Someone acting under a POA must act in the best interests of the principal alone, and cannot act in their own best interest. Somehow, the wife would need to argue that the actions she took benefited your grandfather. That seems dubious. Unfortunately, there is no way for you to challenge these actions without going to court, which as you note, is not a pleasant prospect. If you are intent on pursuing this, you should contact a probate attorney as soon as possible. There are statutes of limitations on matters like this, and you have a limited time to act.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Mark as helpful

3 lawyers agree

Posted

Hello. I suggest that you ought to confer privately and at great length with an attorney at this time; she/he will provide you with legal counsel and guidance. Know that you face rigid time deadlines for any potential action, and there will come a time when it will all be 'too late'.

WILLS - TRUSTS LAW, PROBATE LAW

Mark as helpful

3 lawyers agree

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics