Home > Research Legal Advice > Probate > If my mother has power of attourney can I fight her for the estate of my...
Asked 8 months ago - Queen Creek, AZ
Flagmy grandparents passed away first my grandpa and a few months later my grandmother, a few days after my grandfathers death my my mother had my grandmother "who stayed severly doped up" sign over the house. she is a Bi polar maniac and I want her to stop squallering my gradparents money they worked so hard for. please help. they had 40k in the savings too and gave all the grandkids 1,000 i have not cashed mine she has it on the check "disprusement check"
First, a power of attorney terminates immediately upon death.
Second, if your mother is actually the executor, then you can challenge her appointment for cause. You will not be successful if the reason is not legitimate, or if you do not have facts and documents to back up the removal. If she is mishandling money, then this may be a viable reason for removing her as executor.
You should contact a local probate attorney and go over exactly what is going on in great detail.
I agree with the first answer.
I just want to suggest that your mother may have been in line to inherit everything anyway eithor through the will or through intestate succession. Although there may have been wrongdoing, there may be no damages.
Best to talk with an attorney since it seems clear that matters are going sideways between your mother and yourself and you may not have a lot of leverage to have matters managed the way you would like. You could end up not improving the situation.
I agree with both of the prior answers and would add that you may have no standing to challenge your mother, because even if you won, you would not be in line to receive anything. If she is violating her fiduciary duties as executor, (assuming an estate is open and she is executor), then you can petition the court, if you are a beneficiary.
Reading between some of the lines, it *sounds* like there is no estate and everything was simply in joint names with your mother and grandparents, (or she was named beneficiary of everything). If that is the case, you have no basis for challenging her or her actions. (In that case, I would cash your check and let the rest of it drop.) Otherwise, you might want to consult an attorney and see where you stand.
James Frederick
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