No will- Can guardian take assets?

[lostmydad]

What is the name of your state? Texas

Can a person who had guardianship of an Alzheimer's patient legally take over assets without a will after the patient dies? What recourse do other family members have to stop guardian from spending all the decedent's money?

 

[BelizeBreeze]

there is more to this story. Care to share?

 

[lostmydad]

I posted a bit about this in July in the "Wills" forum: my grandfather passed in June, 2 months after my dad died, and my uncle claims grandfather's will not found (after asking me if my dad had given me a copy before he died).
Within 2 weeks after grandfather's death, uncle spent in excess of $100K on cars, motorcycles, etc. Grandpa lived modestly and saved, saved, saved. When he went into the nursing home last year with Alzheimer's, our family found that he had a LOT of $ in several checking accounts, and no telling how much property he owned. So, uncle took over grandfather's finances (my dad was sick and unable to help by this point).
I did some checking on intestate distribution in the state in which grandfather died, Arkansas. I was sole heir of my dad's estate (which made me the proud owner of some furniture, he lost everything due to his long illness), so I figured I would get my dad's share of grandfather's estate through intestate distribution once probate started. I've been calling the probate clerk in the county in which grandfather died periodically to check on the process...estate is not being probated, uncle just took over money and property.
I thought uncle had POA while grandfather was suffering from Alzheimer's in the nursing home, but I found out from county clerk that he had guardianship, which is quite different from POA. I know POA terminates after death, but I know nothing about guardianship. Within 2 weeks after grandfather's death, uncle spent in excess of $100K on cars, motorcycles, etc. I guess he plans to just keep all grandfather's assets with no regard for the rest of the family. His kids might benefit when he dies, but now me and my son are disinherited. Knowing my grandfather as I did, I don't think he intended that at all.
I have no idea what to do or if I would even take recourse if I had any. My uncle and his kids are the only family I have left.

 

[Hopkins306]

If he had a will it would have been filed with the court somewhere. Get a probate lawyer.

 

[lostmydad]

I checked with county clerks in all 3 cities my grandfather lived in over the years. All said they don't take wills for safekeeping anymore. I know it was in his house when we moved him into the nursing home last year, because aunt, uncle, and cousin have made reference to it when addressing other issues. I just don't have a copy and everytime I ask about it, I get no response. I don't want to be thought of as a greedy opportunist, so I haven't pushed the issue, but it seems to me they're being pretty greedy.

 

[BlondiePB]

If he had a will it would have been filed with the court somewhere. Get a probate lawyer.

Another useless reply from you, Hoppy.

 

[BlondiePB]

I checked with county clerks in all 3 cities my grandfather lived in over the years. All said they don't take wills for safekeeping anymore. I know it was in his house when we moved him into the nursing home last year, because aunt, uncle, and cousin have made reference to it when addressing other issues. I just don't have a copy and everytime I ask about it, I get no response. I don't want to be thought of as a greedy opportunist, so I haven't pushed the issue, but it seems to me they're being pretty greedy.

Hoppy, a high school student, is ignorant when it comes to these issues lostmydad.

 

[BlondiePB]

I posted a bit about this in July in the "Wills" forum: my grandfather passed in June, 2 months after my dad died, and my uncle claims grandfather's will not found (after asking me if my dad had given me a copy before he died).
Within 2 weeks after grandfather's death, uncle spent in excess of $100K on cars, motorcycles, etc. Grandpa lived modestly and saved, saved, saved. When he went into the nursing home last year with Alzheimer's, our family found that he had a LOT of $ in several checking accounts, and no telling how much property he owned. So, uncle took over grandfather's finances (my dad was sick and unable to help by this point).
I did some checking on intestate distribution in the state in which grandfather died, Arkansas. I was sole heir of my dad's estate (which made me the proud owner of some furniture, he lost everything due to his long illness), so I figured I would get my dad's share of grandfather's estate through intestate distribution once probate started. I've been calling the probate clerk in the county in which grandfather died periodically to check on the process...estate is not being probated, uncle just took over money and property.
I thought uncle had POA while grandfather was suffering from Alzheimer's in the nursing home, but I found out from county clerk that he had guardianship, which is quite different from POA. I know POA terminates after death, but I know nothing about guardianship. Within 2 weeks after grandfather's death, uncle spent in excess of $100K on cars, motorcycles, etc. I guess he plans to just keep all grandfather's assets with no regard for the rest of the family. His kids might benefit when he dies, but now me and my son are disinherited. Knowing my grandfather as I did, I don't think he intended that at all.
I have no idea what to do or if I would even take recourse if I had any. My uncle and his kids are the only family I have left.

Without knowing how exactly grandpa's estate was set up, no one can tell you whether or not something inappropriate has been done. For instance, do you know whether or not any assests were payable on death, or whether or not uncle was a beneficiary to insurance or were accounts ITF for your uncle and if grandpa had all this established prior to the guardianship? If so, uncle did not steal anything.

Grandpa's guardian file will tell ALL about his estate. These records are not available to view on the internet. Uncle had to do an annual accounting to the report the court and must do a final accounting as well. The auditors will catch any embezzelment.

 

[AUGOLDMINER]

missing wills

you might try to find your grandfathers lawyers if he had one. most lawyer keep a copy of wills and outher papers. look in the county hall of records for any docments filed in your grandfathers name that were filled out by a lawyer

 

[BelizeBreeze]

you might try to find your grandfathers lawyers if he had one. most lawyer keep a copy of wills and outher papers. look in the county hall of records for any docments filed in your grandfathers name that were filled out by a lawyer

Why are you reviving a thread that is three months old?