Q: My grandmother passed. Her friend is POA. I'm beneficiary. What are my rights?
My grandmother passed away and she named her best friend POA over it all. I am the beneficiary. Was told from my grandmother that everything is left to me in the will. I am currently on my way down. But her friend refuses to speak to me or include me in anything. But yet had her husband and friend go to my grandmother's residence and enter her home, took the keys from the neighbor who took care of her (and is still currently taking care of my grandmothers dog) , and double locked her home. Before she passed she overdosed early April and was hospitalized. The friend (POA) never visited. When she got released POA still never visited. Upon me telling her best friend (POA) that she told me she would be happy if she could sell her home and move by me and my kids and I would take care of her daily. The POA refused no matter what I said to prevent from what it now led to. What are my rights? I want her wal read asap and the POA out and the keys to her home.
A: If you have a copy of the will, you can petition the court to have it admitted to probate. Whoever is appointed personal representative in the will may well be entitled to be appointed PR and be issued letters of administration giving the PR the right to possession of the property. The power of attorney would have expired upon your grandmother's death, so the attorney in fact (the person appointed by the POA) would have no power that would survive the grandmother's death.
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.
