Asked in Estate Planning and Probate for Arizona

Q: Husbands fathers Granddaughter was given medical Pos in Arizona. Hospital called her on Monday he Died on Wednesday

She took the car keys, the laptop the phone and still never called anyone she lied to the mortuary and said he was homeless with no family she cannot afford to pay for the cremation but she told us we have no rights We believe she was undue influence on him She will not show the will And just left his body at the mortuary. He will not let his son who is next of Ken the care of anything

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: Powers of attorney have no effect after the principal dies. She has no authority.

Your best recourse is to hire a local probate attorney to help you probate the decedent's estate. If you don't have access the will, but you believe that she does, you can get the court to order her to turn it over. Also, she must turn over all of the assets she stole. If she doesn't, then she will be in contempt of court and, also, you can file a police report for theft.

If after she turns over the will you find that it suddenly leaves everything to her, then you can talk to your attorney about contesting the will on the grounds of undue influence.

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