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?
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.
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