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My grandmother owned a house and the guardian was a grandson. The grandson mother cannot read and trusted the grandson in the financial affairs until she realized he was using her to get money. I am the granddaughter and was informed my grandmothe...
The house was sold in 2014 so there is likely a Statute of Limitations problem. The Statute of Limitations determines how many years someone has to bring an action against the matter. If the time limit has expired no action may be brought. Also, we don't know if your grandmother sold her home herself or if she was under a court appointed Guardianship. If she was under a NC Court Guardianship then the court would have needed to approve such a sale. I know you said she couldn't read and trusted her grandson, but that doesn't mean she was incompetent, it may only mean that she exercised bad judgment. With regard to the life insurance, it matters who cashed it out and when they cashed it out. If your grandmother was legally competent then she had the right to cash out the life insurance policy and sell her house whether or not she had ample money. It's very hard to go back in time and determine wrong doing unless there are legal documents such as a Guardianship where court permission is required prior to sale that prove otherwise. Even if you get over all of the hurdles such as Statute of Limitations, Competency Guardianship and Illegal Undue Influence by grandson ,other questions needs to be determined before going to the expense of a lawsuit, For instance, where did the money go and was it spent on your grandmother? Even if you prove there was a problem, which seems very difficult, is it worth taking legal action? Legal action will cost the family a great deal of money. When they spend this money what is the likelihood that they will be able to collect reparations from the grandson. In other words does grandson have enough money that the estate can be repaid if it is determined that he did something wrong?
I would recommend that you see an attorney to discuss all of these matters.
My husband passed February 2017, his daughter was named executor, however there is no communication between us. Bills are going unaddressed . I don't know how long I should wait to address it. I live in North Carolina.
You can go up to the court and see if a probate has been opened. It's likely that no probate was necessary. At the first death in a marriage, joint homes and accounts often go to the surviving spouse by law if they were in both names. Insurance and retirement accounts often name beneficiaries, so no court is required. If your husband had separate land and accounts without beneficiaries, you have legal rights and may want to hire an attorney.See question
I only have one child but I want to make sure he does not have a problem should he need it.
The other answers are correct, but in addition it's important to know that every state has different documents. Please procure a Power of Attorney in the State where the individual seeking such document resides.See question
There is a child with Autism that I have been working with for the past five years. I tutor and care for him weekly in his home. Parents and myself have had discussion about him coming to live with me full time since the drive to his house is 45mi...
I would recommend that the child's parents procure A NC Health Care Power of Attorney for Minor's from an attorney so that you have legal permission to make health care decisions. I would recommend that the child's parents handle other legal aspects for this child which are non medical. And finally, to avoid future misunderstandings I would recommend a detailed contract for services between you and the parents.See question
My abusive dad is no longer in the picture, him and my mom separated about 2 yrs ago. My mom still has the youngest 4 children with her. But she has some mental issues and has a very short temper. She verbally and physically abuses the kids to the...
It sounds like your siblings are in danger. You may want to contact Child Protective Services in the County where the children are located and register your concern. You may also want to contact Legal Aid for free or reduced legal services and try to personally procure guardianship of the children so that they can live with you. You can file for guardianship on your own, but it would be much better with an attorney. Until you procure legal rights to assist these children, you won't have the legal right to visit with them unless your mother allows it.See question
My father was hospitalized several years ago from a bad accident, and unbeknownst to me, while living at our family's second house, my mother abused her power of attorney to drain virtually his entire life savings, and took out a huge line of cred...
Listen to the advice of the attorney you spoke to who knows the details of your case. Probating an estate with only debt is a daunting process with all work and no financial benefit.See question
a “friend” of my mother, come in and basically alienated my mother and father away from me, took over as power of attorney (which was never recorded at the county courthouse),and at my father and mother’s passing, this woman who was the POA never ...
A balance is likely due at the rest home for the last month of your mother's care. Social Security does not cover the full rest home bill. Moreover, when someone dies their social security stops. It's likely time for you to hire a lawyer in the State your mom resided to determine whether it makes sense to probate your mother's estate. Probate is the court process necessary to acquire legal title to your mother's remaining assets, if any, after nursing home debt, other debt and benefit liens.
During this process you may also want determine whether there is any legal proof that anything improper was done by the woman referenced in your question.
The truck is in the name of my stepfather, who died several years ago and left his estate in entirety to his wife, my mother. She never changed the title over to her name and the registration expired. She died last October in Maryland and left the...
The administration of your step father's estate which left the car to your mother is step one. You may hire an attorney in Maryland or try to handle the estate yourself, which I don't recommend. After that administration step two would be another administration on your mother's estate. It may not be worth going through this process for a $2000 vehicle since the administration will involve much more work than just the distribution of the car.See question
My wife passed away in March of 2006 - over 11 years ago. When she passed, she had 5 assets, 4 of them shared with me in joint ownership. An attorney told me not to bother with a probate, because it was a small estate and I would wind up wit...
Go to the DMV and ask for the green MVR 317.See question
My issue is what interest does my mother have and her mother and her brothers family home because my uncle did not leave a will
I attempted to answer your first question yesterday, but your answer does shed some light. You stated that your grandmother passed before her husband. If this is the case that it's likely that her husband had an interest in the home. His will likely controlled who received ownership of the house at his death. Just because your uncle was living in the home doesn't mean he owned it, but assuming he did own it, you stated in yesterday's question that he had children. If he didn't have a will, then his estate, including the home likely went to his wife if he had one and his children and not to your mother. Again, an attorney would need to look back into the ownership of the home. If your Uncle didn't own the home then it's possible that your mother has an interest, if your grandmother's husband was your mother's father.See question