POA abuse of Will

[Skyangel667]

What is the name of your state? TX

My great grandmother passed away last month and for the last two years prior to her death, her daughter (my grandma) has been the POA. Now that my great grandma has passed away she is saying all sorts of things about the will. First she went to get a different lawyer than the original one that my great grandmother paid to set up and read the will. Now she is claiming that she is entitled to money, even though my great grandma did not put her on the will. The new lawyer is telling my grandma that she can 'sell' things with my great grandma's money, and then profit the money - such as the two houses that my great grandma owns. She has already sold one of them and has been collecting the money. Can my grandmother manipulate the will so that she inherits the bulk of the estate instead of the grandchildren whom my great grandmother wanted the money to go to? I could care less about inheriting anything, I just want my great grandmother's wishes to be fullfilled without interference from money hungry family.

Thanks

 

[seniorjudge]

What is the name of your state? TX

My great grandmother passed away last month and for the last two years prior to her death, her daughter (my grandma) has been the POA. Now that my great grandma has passed away she is saying all sorts of things about the will. First she went to get a different lawyer than the original one that my great grandmother paid to set up and read the will. Now she is claiming that she is entitled to money, even though my great grandma did not put her on the will. The new lawyer is telling my grandma that she can 'sell' things with my great grandma's money, and then profit the money - such as the two houses that my great grandma owns. She has already sold one of them and has been collecting the money. Can my grandmother manipulate the will so that she inherits the bulk of the estate instead of the grandchildren whom my great grandmother wanted the money to go to? I could care less about inheriting anything, I just want my great grandmother's wishes to be fullfilled without interference from money hungry family.

Thanks

https://forum.freeadvice.com/showthread.php?t=279010

https://forum.freeadvice.com/showthread.php?t=279008

double post

 

[Skyangel667]

Are you the double poster patrol?

- Just curious. I was actually in need of legal advice and didn't see any rules opposing the same post in different message boards. Yes, I did post it twice as I noticed that one board was receiving more attention. (Advance Note: this is another double post)

If anyone should read my request for information and have some feedback regarding "POA abuse of Will", please let me know.


Thanks Senior Judge for the observation, if you have any helpful info, please let me know also. -Thanks

 

[Dandy Don]

Talk to a probate attorney or elder law attorney to determine whether your state has laws against abuse of POA and to determine whether it has occurred here--if so, she will have to make restitution.

 

[hawaiianeye]

Almost same boat

Colorado. We are in the same type of situation and I'm interested how your search is going thus far regarding great-grandmother's will?

My husband's grandmother had a will which has remained basically the same for around 30 years, with the bulk of her ranch land going to my father-in-law and his children (my husband and his sister). The ranch is not extremely profitable at all, and is subject to the whims of the weather. Cattle ranchers will not pay as much for land to run cattle if it is a drought season or blizzard conditions.

In 2005, however, my father-in-law found a third party sub-lease possibility that, while not profitable initially, would be a guaranteed lease for 50 years or more! No more worry if the weather would run the sub-leasing ranchers the other direction! About 2 weeks after obtaining grandma's signed lease agreement (the land had remained in her name, my father-in-law has managed the affairs for her for 30 years, giving her all the monies collected for all but one set parcel that had been deemed his "inheritance." All monies collected from that parcel went directly to him, it has always been that way, and none of his siblings disagreed or argued the point or the will as grandma stated she had it set). So, he officially leases the land from her for the next 50 years (she's 88!), the idea for this 50 year lease was the eldest son's idea (Uncle F, let's call him), Uncle F witnesses the lease signing between my father-in-law, my mother-in-law, grandma, and Uncle F, and it's all good.

BUT, two weeks later, Uncle F starts to threaten revocation of the 50 year lease, stating he has obtained FULL POA over grandma, though he said she still has legal capacity to sign papers etc. on her own, and has changed her will. NOW, he is inheritor of the larger portion of the land the third party leasor is interested in, the land my father-in-law has always had as his inheritance. We know Uncle F is intimidating grandmother, upset that she has indicated she was not aware she signed a new will, denying she wants to change it back (which she told my husband and his sister she wants done, but her own lawyer will not help her!). The will was changed by Uncle F's lawyer....

Sounding fishy to anyone else? Uncle F has made numerous irrational demands on my husband, asking for $1.5 million at one point to buy back the inheritance (apparently in 1991 or so, my father-in-law requested the inheritance parcel going to him be put in my husband's and his sister's name, and grandma willingly complied with the request). Then he changed his request to $800,000 and he would change the will back, then it changed to $170,000 to pay him off and he even suggested we mortgage our home to write him a check! Now, the third party leasor may want to pull out of the deal because Uncle F has threatened to stop them from coming onto the ranch property!

So, we have several problems, how to enforce the 50 year lease so the third party can go about their business, how to obtain a copy of the POA so we can see what authority he has actually been given, whether or not to have Grandma revoke the POA and enact a new one, and how to get the will back to original! A family lawyer in Denver charged us $2900 to tell us he needs more information! Help!

Thanks, and I hope you are more successful than we have been thus far.

Things I've done so far:
researched POA guidelines
researched guardianship regulations and petitions in Colorado
called clerk/recorder/land title to see if POA has been filed for any reason by Uncle F.
consulted with attorney regarding Uncle F undue influence to his benefit on the will (some ideas from the lawyer, but don't know if was worth the big bucks!)
found YOU guys and this forum!
located POA forms for revocation and execution of new POA Attorney-in-fact

 

[seniorjudge]

Colorado. We are in the same type of situation and I'm interested how your search is going thus far regarding great-grandmother's will?

My husband's grandmother had a will which has remained basically the same for around 30 years, with the bulk of her ranch land going to my father-in-law and his children (my husband and his sister). The ranch is not extremely profitable at all, and is subject to the whims of the weather. Cattle ranchers will not pay as much for land to run cattle if it is a drought season or blizzard conditions.

In 2005, however, my father-in-law found a third party sub-lease possibility that, while not profitable initially, would be a guaranteed lease for 50 years or more! No more worry if the weather would run the sub-leasing ranchers the other direction! About 2 weeks after obtaining grandma's signed lease agreement (the land had remained in her name, my father-in-law has managed the affairs for her for 30 years, giving her all the monies collected for all but one set parcel that had been deemed his "inheritance." All monies collected from that parcel went directly to him, it has always been that way, and none of his siblings disagreed or argued the point or the will as grandma stated she had it set). So, he officially leases the land from her for the next 50 years (she's 88!), the idea for this 50 year lease was the eldest son's idea (Uncle F, let's call him), Uncle F witnesses the lease signing between my father-in-law, my mother-in-law, grandma, and Uncle F, and it's all good.

BUT, two weeks later, Uncle F starts to threaten revocation of the 50 year lease, stating he has obtained FULL POA over grandma, though he said she still has legal capacity to sign papers etc. on her own, and has changed her will. NOW, he is inheritor of the larger portion of the land the third party leasor is interested in, the land my father-in-law has always had as his inheritance. We know Uncle F is intimidating grandmother, upset that she has indicated she was not aware she signed a new will, denying she wants to change it back (which she told my husband and his sister she wants done, but her own lawyer will not help her!). The will was changed by Uncle F's lawyer....

Sounding fishy to anyone else? Uncle F has made numerous irrational demands on my husband, asking for $1.5 million at one point to buy back the inheritance (apparently in 1991 or so, my father-in-law requested the inheritance parcel going to him be put in my husband's and his sister's name, and grandma willingly complied with the request). Then he changed his request to $800,000 and he would change the will back, then it changed to $170,000 to pay him off and he even suggested we mortgage our home to write him a check! Now, the third party leasor may want to pull out of the deal because Uncle F has threatened to stop them from coming onto the ranch property!

So, we have several problems, how to enforce the 50 year lease so the third party can go about their business, how to obtain a copy of the POA so we can see what authority he has actually been given, whether or not to have Grandma revoke the POA and enact a new one, and how to get the will back to original! A family lawyer in Denver charged us $2900 to tell us he needs more information! Help!

Thanks, and I hope you are more successful than we have been thus far.

Things I've done so far:
researched POA guidelines
researched guardianship regulations and petitions in Colorado
called clerk/recorder/land title to see if POA has been filed for any reason by Uncle F.
consulted with attorney regarding Uncle F undue influence to his benefit on the will (some ideas from the lawyer, but don't know if was worth the big bucks!)
found YOU guys and this forum!
located POA forms for revocation and execution of new POA Attorney-in-fact

Hijacking a thread is bad form.

Start your own thread if you have questions.

 

[Skyangel667]

There's SeniorJudge again...

Seriously some people need to use their time wisely than make wise cracks about how other people post.

Anyway, Thanks for posting that message to "my" thread. (I don't really own any of these) I wish I could give you all the answers you need. Unfortunately there are people out there who take advantage of the elderly after they've passed and even before. Have you gone with grandma to see the original lawyer who made her will? I'm sure there has to be some way she can revoke the second one, since she is still living, and select a POA for the correct will. She can only have one POA. My great grandma changed her POA 3 times, and the last one she selected (her own daughter) has been the worst. She is still claiming that all of the money belongs to her... and to avoid a family war, we have just given up and decided it's not worth it. It's horrible because my great grandma is not having her wishes fullfilled, I know she would be ticked if she knew this outcome... I'm glad she doesn't know. I just hope I don't have to be surrounded by anymore greedy family members again, it's pathetic.

I wish I could be of more help!!

Good luck!

 

[Dandy Don]

She needs to fire her old attorney since it's obvious he is not working in her interests anymore and is showing favoritism (probably because of financial interest) to mean old greedy Uncle F. She can ask her new attorney to draft a will that reflects her true feelings and she can have her attorney issue a new letter revoking the POA.

 

[hawaiianeye]

Almost same boat

Colorado.

Well, I appreciate your input, but another development has occurred. Uncle F. has filed for guardianship of grandma. I was just researching this very thing when I last posted, and we've apparently got more than enough ammo to file undue influence type charges AFTER she dies, regarding Uncle F.'s changing of the will in his favor. He will not leave Grandma alone with any of us, we'll almost have to sneak down there just to see her on a regular visit. So, now I wonder if we can protect her from her guardian?

In my research, I read that it is a rather long process to declare guardianship over someone, and that it even includes a court appointed visitation to determine if it is in her best interests to have the petitioner become her guardian. I also know the papers could be public record, but I have to go to the county courthouse and pay $5 just to ask them to see if it is truly filed and whether or not it is public record...if it is, I can then pay for copies of any of the paperwork I want.

All of this is confusing, but even more scary is that it is so FINAL. At least, if feels final. The stress, uncertainty, and anger our own family is feeling has grown immensely over the last few months, and now we don't even feel like we can plan for her to live with us anymore since Uncle F. has his nails in deep. How can putting her into a nursing home where only Uncle F. is close by be the best situation for her? In a few short months he had her sign the first lease, give him full power of attorney, changed her will, then apparently gained guardianship (which I thought meant declaring her incompetent to boot) of all of her affairs. Her former attorney declined to change her will back, her current attorney is Uncle F.'s attorney, and through it all she has verbally told my husband AND my father-in-law that she did NOT change things and if she did she does not remember doing that.

Thanks for listening/reading.
hawaiianeye

NOTE: As for hijacking this thread, I found you originally in Wills and Trusts but you were reamed for double posting, so I just picked one of your posts. I didn't think there was anything wrong with finding someone in the same/similar situation to ask what they've done. I apologize for any misuse of this forum.