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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117370
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Meeting w/atty today to dispute grandfather's will - help us

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Meeting w/atty today to dispute grandfather's will - help us make it a more successful meeting
Summary - former neighbor is a (former, present) crook and got 92 y/o to sign a POA, will, trust and change life insurance beneficiary. I am the 33 year old grand child. Estate is worth around $50-100k. About justice not money.
Married 50+ years
Gma has one biological daughter (Daughter 1)
Gpa has 2 biological children from previous marriage, does not adopt Gma's daughter
They adopt one daughter (2) together.
They raise one special needs child but do not adopt.
2009 gma/gpa sign wills leaving the estate 50/50 to Daughters 1/2.
02/2016 Gma passes away, Gpa surives 30 days so the estate passes to him.
04/2016 Gpa signs legal POA to former neighbor, attorney also drafts and gpa signs, letter that says Daughters 1/2 can't communicate with Gpa unless atty is present. We received the letter, basically had no contact from that point until Gpa ended up in the hospital 8/2016. Unbeknownst to us, at this time he also signed a new will & trust.
50% to the special needs child
25% each to two charities
$7k cash to the neighbor
List of certain personal possessions attached, from the 2009 wills.
Specifically disinherits the two daughters
04/2016 the former neighbor starts making withdrawals from GPA's checking account.. $1k at a time kind of thing. Sells possessions in the house, pockets the money. His family knows this is going on, supposedly was the last straw and is why his wife is divorcing him.. I'm hoping to meet with a sympathetic member of that family today in order to get some additional info.
06/2016 the assisted living facility hears the POA/neighbor yelling at GPA "you're never going to see that money old man" they bring in a new atty and the POA is revoked. That attorney does not review the will/trust/etc (apparently)... that's kind of WTF to me.
08/2016 Gpa suffers an intercranial hemmorage. After a few days recovery doesn't look likely, we move him to a Nursing Home 2 because Assisted Living Facility 1 doesn't provide full services. It wasn't clear during this, by the way, that we even had legal authority to make medical decisions BUT the hospital basically forced us to. It was not a pleasant experience.
He passes away peacefully a few days later. Here's where the story gets even shittier.
the 2009 Attorney doesn't have a copy of GPA's will. They had a copy of GMA's, which we have, but they 'can't find it' more or less. We had to go through an attorney, to contact the 4/2016 attorney, to get a copy of the most recent will, because 4/2016 attorney wouldn't provide it. It's possible but extremely unlikely that a copy of Gpa's 2009 will exists in the house or assisted living facility because I personally witnessed the neighbor shredding stuff in the house.
The issue here is not about money. The worst thing from my view is that Daughter 1 (my aunt) was disinherited, which is NOT what her mom, my grandmother would have wanted. This estate, while not legally b/c gpa lived 30 days past, symbolically also belongs to my grandmother.
Another issue is that the 50% going to the special needs child (who is in his 50s, has cerebal paulsy) will be stolen from him. The neighbor that did all of this has long been 'friends' with this individual and is named as the trustee.. he'll just end up abusing that position same as he did before.
Do I personally have legal standing to challenge the will? I am not mentioned by name in the will, but the list of personal possessions directs that some items are supposed to go to Daughter 2, who is then to split them between my sibling and I. I've been trying to stay out of it, but I'm probably the person best suited to organize and implement a legal challenge.. the Daughters are stressed the f**k out and a whole host of other stuff I don't need to get into.
Does the fact that the neighbor (POA) had a criminal history (several charges, suits for bad credit issues against him) prior to the POA being signed have any bearing?
Can I force (if it comes to that) a medical doctor to provide testimony/medical records regarding Gpa's mental health/dementia?
Can I force (if it comes to that) staff at the assisted living facility to provide testimony?
If we successfull challenge the 2016 will but can't find the 2009 will, what happens?
What questions should I ask the atty?
What information can I provide to give them the best chance to succeed?
Adult Protective Services says they won't do anything because he's deceased. Anyone else I can check with?
Assisted Living Facility 1 will not give us access to GPA's apartment in order to look for documents and MOVE HIS STUFF OUT. They're charging like $3200/month. Any advice here?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The person's criminal history is an issue in their fraudulent conduct and undue influence on gpa to get him to make the changes is something that is a major issue.
Furthermore, the fact gpa was not mentally competent at the time the neighbor allegedly did all of these things would not be favorable to this neighbor who appears from what he did to really be a thief and not a concerned neighbor.
You can subpoena doctors and medical home staff to come to court to testify. You can also subpoena other neighbors and family to testify that this neighbor is not acting in the best interests of your gpa in making these changes. If the POA made these changes on their own, then this would be impermissible self dealing by giving the PoA benefits they should not have received.
If you cannot find the 2009 will and the 2016 will is invalidated, then the estate goes as though there was no will with the children of gpa equally sharing the estate (or grandchildren stepping up to represent their parent if their parent died before gpa).
If you are doing this without an attorney, that can be a huge mistake because you are going against a criminal here who seems to have stolen money and assets from an elderly person and they will scheme to keep that money.

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