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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

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Attorney answers 2


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

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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'.


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