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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34442
Experience:  30 years experience in the practice of estate law.
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I'm trying to find out who the lawyer was that did my

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I'm trying to find out who the lawyer was that did my grandmothers will
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in NY. She lives in RI
JA: Has anything been filed or reported?
Customer: She has filed the will already. She is still alive. My aunt who is co executor of the will, is appling for guardianship and power of attorney
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know what my rights are as co-executor while she is still alive
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, the will, and your designation as an executor, carry absolutely no authority while your grandmother is alive. Your grandmother's attorney has no obligation to show you the will or even speak to you about it without your grandmother's permission.
Until your grandmother dies, the will is admitted to probate and the court appoints you as the executor, you have no right under the will to any information or to on behalf of her estate.
I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels in this matter.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Are you online with me?
Customer: replied 27 days ago.
Thank you hang on driving to work I'll get back to you soon
Ok
Customer: replied 27 days ago.
Thank you for waiting.
Customer: replied 27 days ago.
My aunt is applying for guardianship. What power is she going to have in regards ***** ***** property and the will?
Your aunt will have no authority to amend or revoke the will.
A court appointed guardian will have whatever powers the court grants in the order. It will, genrally, give your aunt access to her accounts and allow her to sell and acquire property in your grandmother's name, as is necessary for your grandmother's health and well-being.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Customer: replied 27 days ago.
Pretty much at the end of the day after she is granted guardianship she can take everything and leave nothing regardless of what is in the will?
No, she has fiduciary duties and would need to demonstrate that any transaction or transfer of property is for your grandmother's benefit, not hers.
Customer: replied 27 days ago.
But she could still write herself checks and cash them... can I go to the court and ask them for fellow guardianship?
If she just uses the guardianship for transferring all property to her own name, for no valid reason, she can be criminally charged with fraud and elder abuse.
If you have reason to object then you can file your own petition for guardianship or just object to hers.
Customer: replied 27 days ago.
I don't trust my aunt with any being. Her brother passed away she went through his house and sold everything when that money was supposed to go towards the bill that were outstanding on the house. My grandmother told me she ever saw a penny of that money. I'm worried she is going to do the same here. And there is a on the line.
Customer: replied 27 days ago.
money*
You can object on the basis of her past misfeasance or maldeasance regarding her brother.
At the end of the day, you can present your objection and your own petition, but it is up to the court.
Getting back to the original question, though, the will is irrelevant to the guardianship issue.
Customer: replied 27 days ago.
Ok.
Customer: replied 27 days ago.
Thank you. I just hate this.
Customer: replied 27 days ago.
Appreciate your time.
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Thank you!
Loren
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