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If my mother has power of attourney can I fight her for the estate of my grandparents, if I believe there is foulplay?

Queen Creek, AZ |

my 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"

Attorney Answers 3


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.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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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.

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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

*** 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.

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