Grandfathers Will

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My grandfather left me in his will twice but left his wife power of attorney. He passed away in 2001 and I sent for a copy of his will in 2007 not knowing my name would be in his will. His wife is 93 and my Uncle wouldn't let me speak to her as he can't stand me. My Uncle is her power of attorney so I'm wondering if I will still be getting what my grandfather put me down for in his will or can my Uncle stop that from happening? He lives in Fla. and I live in Ky. and I do know the will was never probated. My Uncle only told me that my grandfathers wife , his second marriage couldn't stand me either. This is very frustrating as my grandfathers will was made in the 80's and there is no attorneys name in his will only witnesses. My Uncle is a very bitter old man. Thanks for any help.

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If you are in your grandfather wills stating your share of property, then no one remove your name until an unless you sign any deed to transfer your share.

patricia · Joined: 16 Jan 2008 Posts: 133 0.92 Dollars($)

I think you need some lawyer help. If you know for a fact that your grandfather left you something in his will,then he wanted you to have it. Inform them that if they don't cooperate you will be seeking legal advice. You do not say if you did get a copy of the will or what it was that he left you if you know what that is.It is not for the others to say whether or not you should get your share it was your grandfather's wish.

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I read my grandfathers will again and since his wife did survive him my grandfather appointed her to be the personal representative of his estate and gave her power and authority to sell, transfer and convey any property, real or personal, which my grandfather may owned at the time of his death, at such terms and conditions as personal representatives may deem best. So I guess that now since she outllived him I won't be getting anything? And if my Uncle Bob has anything to do with it then I know I won't as my grandfathers wife has already turned their house over to my Uncle Bob. The will wasn't probated as I contacted the courthouse but wish I knew if anything was ever distributed in my grandfathers will. I know my grandfathers wife is incapable of dealing with anything as she is 93 and my Uncle is either taking care of her in the home or she is in a nursing home. I can't find anything out as my Uncle will not talk to me.

Jessica

Hi SylvRao,

Legally, you should be getting your grandfather's property/estate. His wife being the power of attorney has the right to distribute the property to you. But she isn't capable of doing that. So, the uncle who's her power of attorney has the right to distribute the property of your deceased grandfather. But it has to be a property POA/POA which clearly states that the uncle has the right to do so.

Unfortunately your uncle may not be willing to leave the entire estate to you as is evident from your post. Moreover, there is no attorney named in the Will such that you can contact him and know more about what your grandfather exactly wanted. So, the only thing left out is to talk to your uncle and find out if he wants a share of property from your grandfather's estate or the entire estate. And, if you find that he's doing some kind of manipulations to get the entire property in his name, then you may even take legal action. But for this, you need to take help from an attorney who'll find it easy dealing with a Will that has been made way back in the 80's.

Regards,

Jessica

gmakerley · Posted: Tue Feb 26, 2008 8:17 am Post subject:

by all means, you ought to be working with legal counsel on this matter. there is clearly too much animosity between your uncle and yourself, as evidenced by his statement to you that your grandfather's wife "couldn't stand you."

jheard · Posted: Tue Feb 26, 2008 9:23 am Post subject:

The executor (personal representative) of a will can only act in accordance with the instructions in the will. If you are to receive some property under the will, it is the executor's duty to give you that property. A power of attorney dies with the principal, so that is no longer valid.

You need to take the will to a probate attorney and have him read the will. If necessary, he can file a suit in probate court to have property given out according to the will's instructions.

patricia · Joined: 16 Jan 2008 Posts: 133 0.92 Dollars($)

I would say you owe it to your grandfather to make sure that the will is carried out the way he wanted even if that includes going to a probate lawyer.It is not for your step grandmother or your uncle to decide when and if it should be carried out.

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