Q: Should my grandmas will go they probate? The day before my grandma passed Uncle got friend to notarize POA?
There was NO WAY my grandma was coherent to grant that. Then the day she died, I believe he went to the bank and cashed her 2cds from 1950 and emptied her checking and savings account out. The following day after he did that he told me I could have whatever I wanted out of the house. When I got there he preceded to tell me here’s the will, which basically said if gram dies the money is to be split between her two kids and if one of the kids predeaces (which my mother did in 2005) then the other child (my uncle)gets all the money. The problem is the will the Will was dated from 1981 the month before I was born. I’m concerned she may have added something additional or may had even updated it the will!! How will I ever know??? My uncle said after he does some things and pays taxes etc he’ll send me a little something! What are my rights as her grandson? This is in state of NJ thank you.
A: If you're grandmother was incompetent when she signed the POA, then it wouldn't be valid. Proving that could be tough and expensive. However, the cost of the litigation, if you have a valid basis for bringing it, might be payable by your grandmother's estate.
Did your uncle probate the will?
You need to see a probate attorney ASAP.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for specific legal advice. Any advice given here does not create an attorney-client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.