Gastonia, NC asked in Estate Planning, Elder Law and Probate for North Carolina

Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she kept telling me I couldn't though and told me I couldn't call a lawyer she said he couldn't help me with anything even though the Power of Attorney papers said he could they've done nothing but lying to me and harass us both now they're selling my house then I'm still living there I got summons a week ago I'm going to answer today what can I do I don't want to lose my home especially when I was the only one on the will and I took good care of him he was my life I'm lost since they took him away. What can I do I don't have the money to get a lawyer I tried to get one when I still had control of him but they kept telling me that was exploitation if I hired a lawyer they've done nothing but lie

1 Lawyer Answer
Ashley Kevitt
Ashley Kevitt
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives that property to you.

The power of attorney is a separate matter that is now no longer in place since your Uncle has died. While people may not agree with how your Uncle used his money to help you, that does not necessarily mean that you did anything wrong. As long as your followed your fiduciary duty (acted in the best interest for your Uncle) then you did not violate the Power of Attorney and while family members may be upset, that does not give rise to a legal argument.

You are always free to hire a lawyer and I encourage you to do so and at least determine what the estate situation is now that your Uncle has passed and what is actually going to you through his Will.

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