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Bill Attorney
Bill Attorney, Lawyer
Category: Estate Law
Satisfied Customers: 177
Experience:  Attorney
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I am going to try and explain this the best I can. My son's

Customer Question

I am going to try and explain this the best I can. My son's grandparents are very wealthy. They bought the house that I have raised my son in since divorcing. They had also promised to pay for my son's college. A month ago we found out that his grandfather died by calling the house and asking to talk with him. The care giver told us that they hated to be the one to break the news, but he had died two days before. Long story short, we find out that a non-family member told us that he was appointed executor of the will and had guardianship over the grandmother. This week we found out that they moved the grandmother to a nursing home and did not tell anyone in the family. I just want to know if we have any rights. I also found out that the will was changed three months before he died. He had cancer and was on all kinds of drugs. We still have not seen any paperwork for any of the legalities. I want to know if we have any recourse. I believe that these people are not telling the family anything and are taking all of the inheritance for them selves. They have also lied about some things. These people that supposedly were appointed excutors of a multi million dollar estate are very poor people. He has a high school education and they live in a $135,000 frame house. The grandfather was a very well educated man. I just don't see that they would have anything in common. This is probably very confusing to you, but I want to stop these people from stealing everything. There are things in the grandparents house that are family keepsakes. There are also things that belong to my son's father. What can be done?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: What documents or supporting evidence do you have?
Customer: Nothing. They have not given us any proof. Don't have a copy of the POA or the will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The lawyer for the grandparents tells us that they have not read the will. Would they have a will reading if the spouse was still alive?
Submitted: 22 days ago.
Category: Estate Law
Expert:  Bill Attorney replied 22 days ago.

This is attorney Bill offering legal assistance today.

When did your son's grandfather die and has his will been probated as of yet ?

A power of attorney has no validity after death, but it may be possible to sue the attorney in fact.

DO you have a copy of the POA ?

Attorney Bill

Customer: replied 22 days ago.

I don't have copies of anything. I just don't know if I have a right to pursue this on my son's behalf. This is my son's paternal grandparents. They had a son and a daughter. The daughter is in a state mental hospital and can't talk or walk. The grandfather supposedly appointed a guardian for the daughter. The guardian was the daughter's apartment manager that befriended her while she lived in the apartments. The grandfather died on 10/9/16. How long does it usually take before they probate the will? Right now these people that are suppose to be the executors of the will have cleaned the house out. What legal rights do I have? I am the ex daughter in law, but we remained close over the years because they are my son's grandparents. My son is a minor and can't really do anything. The "executor" has taken the grandfathers wedding ring, college ring and Rolex, which he admitted that were in his safe at his house. The guardian of the daughter has taken the grandfathers 2014 pick up truck and is driving that.

Expert:  Bill Attorney replied 21 days ago.

Thank you for following up with me.

As a legal guardian of your son who is a minor you are legally entitled to pursue a claim of his in law in Texas.

You can get a copy of the will when it is filed with the County probate court where grandfather died. This will be a starting point.

As far as your son's entitlements to challenge the will. Texas probate law allows an interested party to file a will challenge to challenge the will and its validity.

This would be in your son's interests from what you have described. Your son qualifies as a person that can challenge a will, because he stood to inherit but for the will that seems to be out of character for your grandfather.

You can challenge the will on his behalf: either under undue influence from the people you have described

(2) lack of capacity of the grandfather because of his illness, you indicated he was sick when he made the will changes.

Probating a will can take up to a year but should be available to inspect after a few months. The usual time to probate a will is about 4 months, so you should file any will challenge within this time.

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Expert:  Bill Attorney replied 19 days ago.

his is attorney Bill here following up with you on your question.

I see you haven't rated positively yet.

Do you require any more information ?

I'll be happy to assist if you do.

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BEST OF LUCK

Attorney Bill

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