Orange Grove, TX asked in Probate for North Dakota

Q: My grandmother passed away. Looking over her will with my uncles, she had stated that I receive $25,000. Never got it?

My grandmother passed away in 2014. Before her passing, my uncles and I had seen her will. In it, she stated that all living grandchildren receive $25,000.00. I remember my uncle was upset cause all he was gonna get(which is sad) was the keepsakes. Like grandpa's violin and security safes. I believe at the time of my grandma's passing, my uncle had my grandma sign a document putting him as POA, and maybe more. I do know, he got a different attorney, not the one my grandma had for many years to get those papers he had my grandma sign. When she passed, he took everything. I don't know how that's possible. A will is a will, right?

Related Topics:
1 Lawyer Answer
Steven J. Fromm
Steven J. Fromm
  • Probate Lawyer
  • Philadelphia, PA

A: You are very late in raising these issues. There are statutes of limitation rules that require parties to timely object to an estate administration. You should talk to an estates lawyer in the county where your grandmother died to go over all the details to see if something can be now. Also, if the estate was in fact probated you should call the register of wills in that county to see the will that was probated and any inventory or accounting that was filed with them.

As for the will, it only speaks to assets that were in her name alone. If your uncle managed to put all her assets in joint names then the will is not controlling. However, if he did this by fraud, duress or deception, then an action could have been brought against him. Once again, the statute of limitation issue is relevant here. Get with an estates attorney to get definite answers.

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.