Legal Question in Wills and Trusts in Missouri

Something does not add up--I am one named as having power of attorney

In a General Power of Attorney document drafted in 1995, my husband was named as a co-power of attorney to represent my grandfather who died in July of 2002. The other person listed as having power of attorney did not contact us about matters relating to my grandfather's estate. We are very concerned that my father will not receive his inheritance due to underhanded activity on my uncle's part. If the power of attorney states the cousin's name ''and'' my husbands name, doesn't the ''and'' mean they both have to be consulted in matters concerning the estate of my grandfather? We feel my uncle may have pulled something over on us. If the power of attorney was revoked, we were not notified of such a change.

Asked on 6/25/03, 2:49 pm

1 Answer from Attorneys

Anthony Smith LawSmith
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Re: Something does not add up--I am one named as having power of attorney

the power of attorney was revoked by the protectee;s death. The power ends then by law, with minor exceptions for gathering assets for purposes of teh estate. If your grandfather died ayear ago, an estate shoud be open for him by now. The person in control of grandfather's assets now is the Personal Representative. If no estate has been opened for your grandfather, and your uncle knew he was dead, then all teh actions he has taken since are null, except to innocent purchasers for value( people who did not know about the uncle not having authority to act for Grandfather , and sho paid fair marke tvalue for goods)

If grandfather passed away in July 2002, then you must apply for letters now, before a year elapses. If you are in teh Western side of the state, you may email, so that we can discuss this matter.Do not delay, if you are to keep you father's rights alive. If the year passes, no will can be admitted for probate, and no person can make aclaim to anything, except to say they take by inheritiance. You may not even be able to get back things that your uncle stole from his brother's inheritince. Go find an attorney TODAY. If there is one in your neighborhood, go to them now. It takes some time to complete the application for letters, so get it to an attorney now.

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7/01/03, 11:30 am

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