Legal Question in Wills and Trusts in Colorado
In-law persuades P.O.A. from beneficiaries on will
Uncle became sick, niece-in-law persuaded power of attorney, Uncle died '91. Uncle's brother got nothing
and was beneficiary in will. Grandmother became sick
died in '95, husband still living(uncle's brother)
Niece-in-law persuades grandfather out of P.O.A. also.
My dad is legal son and beneficiary but now niece-in-law has control over my grandpa's expenses, his will,
all properties. My dad is the legal son and is beneficiary to Parents will but niece-in-law says she is beneficiary now. My dad fights it and looses. Niece then proceeds to take grandma's things out of house and nothing can be done. Now niece puts grandpa in nursing home 2/00 because my sister living w/grandpa to help him-shows signs of ahlz. This all belongs to my dad and then his kids when he dies but niece has all P.O.A. and CO says nothing. What can we do to get all back? It should go to the legal son not an in law right? Please help.
2 Answers from Attorneys
Re: In-law persuades P.O.A. from beneficiaries on will
You should immediatedly engage the services of an attorney with substantial experience with estate administration matters. This is not something that you should pursue without such help.
Re: In-law persuades P.O.A. from beneficiaries on will
Any response we give is subject to the terms on our web page. Hugh Wood
You need to talk to a local CO lawyer. Note that a POA's power dies when the person who gave it in life dies. Its power ends at the death of the Grantor. Since your GF has Alzh, he probably cannot change his Last Will and Testament. Thus, whatever is in his last will should control. In Georgia, the locale Probate Court controls guardianship of wards. If CO has the same or a similiar system, you may want to Petition the local court with Power over the Neice and Demand and Accounting of the financial affairs of the Ward -- your GF. I have done a number of these and they end up feeling like divorces. They are quite emotionally charged, ugly and can become expensive. I gather (but do not know) that there is not a lot of money involved. Good Luck
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