My Uncle's Estate

[tiburon12975]

What is the name of your state?What is the name of your state?California
I have an Uncle and he is dying of cirosis. My Grandmother was made his power of attorney in 2003. My uncle has been on disability for other health reasons for about 10 years, but has life insurance policy and a pension worth about &17 K. He recently married this lady in July of 2005 and we believe she married him because she thought she was going to get money(because she new that he was dying, and she has been buying him alcohol even though she knows thats what was killing him) when he dies. He has recently been hospitalized and may not make it to much longer. My question is, who will have authority of his assets when he passes away? Also, if my Grandmother is the beneficiary of his pension and life insurance, would that now go to his new wife or would it go to my Grandmother? One more question, since he needed to have someone assigned as power of attorney, shouldn't his marriage to this lady be annualled, or could it?

 

[seniorjudge]

Q: My question is, who will have authority of his assets when he passes away?

A: It depends on if he made a will or not. If he did not make a will, then the probate court will use the state law to decide where the stuff in the probate estate goes. If he did make a will, then the probate court will use the will to decide where the stuff in the probate estate goes.


Q: Also, if my Grandmother is the beneficiary of his pension and life insurance, would that now go to his new wife or would it go to my Grandmother?

A: It will go to whomever uncle has made the beneficiary.


Q: One more question, since he needed to have someone assigned as power of attorney, shouldn't his marriage to this lady be annualled, or could it?

A: On what grounds? Just because he gave a power of attorney to grandma, that does not mean he is incompetent.