Legal Question in Wills and Trusts in North Carolina

My grandmother has always told me she had a big policy in my name and that i would receive it if she passed now she has been going threw memory loss and my family is at odds with each other my aunt who is power of attorney over her things threatens me with stopping payments on the policy my grandmother has for me because of jealously that my grandmother did not give her kids a policy in there name which is not my fault my grandmother has told me about this policy since i was a child what legal help can i get help with on this issue

Asked on 10/22/13, 11:20 am

1 Answer from Attorneys

You are not the owner of the policy. It is not up to you as to how to handle it. You act like you own this and you have some sort of a right here. You have only an expectancy, not a right. Your grandmother can say a lot of things - i have heard lots of stories from people about how a deceased person promised all this stuff while they were alive that somehow never materialized after death. It means nothing as to what your grandmother talks about as it may or may not be true.

How do you know for certain that there is an insurance policy and that you are the sole beneficiary? Have you actually seen the policy? And seen who was named beneficiary? If not, then you do not know anything other than what your grandmother has stated, which means nothing.

You are not the power of attorney, your aunt is. Your aunt is obligated to use the power of attorney to benefit your grandmother. If your grandmother needs the funds, then the insurance premium payments can stop and the policy can be cashed in and there will be little that you can do.

The only option here is that you can bring a guardianship proceeding and seek to have your grandmother declared incompetent and yourself appointed as the guardian for your grandmother so that you can manage your grandmother's financial affairs. Either that or be very nice to your aunt.

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Answered on 10/22/13, 10:27 pm

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