power of attorney

[2k2dggr]

What is the name of your state? Pennsylvania. My grandmother recently passed away, and my two sisters and I have some questions about how the power of attorney works. My mother died 5 years ago and while she was sick she had to put grandmother in a nursing home. My mothers first cousin was given power of attorney because she lived across the street from Grandma and could most easily help with taking care of her needs. We knew that our mother had a will drawn up for Grandma years ago, but after her death found out that a new will had conveniently been drawn up 3 months before her death when she started getting really sick. It named firstly the cousin, then my sisters and I as equal inheritors. Now, during a discussion with the cousin, it seems my elder sister and another of my mothers cousins also had power of attorney (neither were ever notified of this). Is it legal to draw up a new will without all powers of attorney being present or notified? This all seems fishy to us. Any info greatly appreciated.

 

[Dandy Don]

Yes, it is legal for grandma to prepare a newer will if she wants to, without the POA's presence or permission/approval. The question is, was the newer will written under undue influence (was she under medication that could have influenced her judgement enough as to not be able to make a clear decision if someone was forcing her to sign the will) or not.

How is the newer will different from the older one?

Just because cousin was named "firstly" is not necessarily a reason to suspect influence, although it does look a bit suspicious. Was cousin named as a beneficiary in the previous one, and is cousin getting more money than the sisters?

You need to decide whether you want to contest the newer will or not, and perhaps a probate attorney can help you evaluate the language and other aspects of the will to see if it would stand up in court (proper number of witnesses, does it show date signed, etc.).

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[2k2dggr]

unsure

Thanks, but the only problem is I don't know where the previous will is/was. It was made up by my mother with my Grandmother before she went into the nursing home. I know there definitely was one because the cousin stated that any previous wills had probably been "torn up". She did get one quarter of the estate along with us three sisters, and one of Grandma's attorneys was a witness to the signing of the new will. The only reason we are questioning some things is because we were never notified by anyone that my sister was a POA and could have been helping out to make sure that things were being handled properly. We have had to practically fight just to keep a few family mementos from our grandmothers house, and the sad thing is that this isn't about a lot of money anyway. What broke my heart is when Grandma was crying, and finally admitted that her wedding/engagement bands that she wanted with her had been stolen quite awhile back, and no one had notified us , and it was so long after the fact that nothing could be done. Thanks again.

 

[ellencee]

2k2dggr
Obviously, the two additional POAs were alternates. If the other two POAs had been joint with your mother's first cousin, then no one would have legally been able to accept the action of only one or two of the POAs. At any time before your grandmother's death, you and your sisters had a right to ask to see the POA. Either the nursing home or your mother's first cousin would have shown the POA to you and/or your sister.

It's a moot point, anyway. The POA died with the grandmother. The executor of the will/estate is the person responsible for dividing or protecting the estate after the grandmother's death.

Maybe the rings were put away and the grandmother perceived it to be an act of theft. Valuables should not remain with a person in a nursing home, including wedding bands and engagements rings. Most people will risk keeping a plain band in a nursing home, but not precious gems.

You got 1/4 of the estate without assuming equal responsibility for your grandmother's care. I think you should be grateful that your mother's first cousin was not manipulative and caused grandmother give more to her than to the family members who let the first cousin bear the majority (if not all) of the responsibility.

EC

 

[2k2dggr]

EC, I do agree with you, and thanks for the additional information.