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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9177
Experience:  Since 1983
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MyAunt left a large estate and then we found deed madeout to

Customer Question

myAunt left a large estate and then we found deed madeout to my mother and Power of appointment to the lawyer and a trust my moyher knew nothing about, my whole family is mad at my mother because they didn't receive anything,but my mother didn't reeive anthing either.We know the lawyer ended up with the money,but how?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: new york
JA: Have you talked to a lawyer yet?
Customer: no- we don't have any money and just lost our house
JA: Anything else you think the lawyer should know?
Customer: just that their is a power of appointment in the deed,why was ther even deed, and their is a will, a power of attorney and all these things I am mentioning where not signed by my aunt.The lawyer had hidden them from us we just found them in a box all of them it has been a long time,but everything is or has been forged very badly too.do you think that because we just discovered all thse forged documents we could present them to someone know.
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Submitted: 7 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 7 months ago.

I am sorry to hear this.

My opinion is that the deed is not valid because it was not delivered during the lifetime of the grantor.

An unsigned will is also not legally valid, and a power of appointment made out to the lawyer is presumed to have been obtained by undue influence and it can also be judicially declared to be invalid, meaning that you Aunt died intestate and her estate should be distributed under the NY intestacy laws, see

http://www.mystatewill.com/states/ny_law.html

Someone needs to open a probate case on your deceased Aunt. There is no set time limit to do that but it \needs to be done as quickly as possible now that you know the facts.

You can get a free consultation from some of the NY probate attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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