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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42209
Experience:  30 years as a family law lawyer .
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My grandmother has recently passed and my Aunt had full

Customer Question

My grandmother has recently passed and my Aunt had full power of attorney. My grandmother had 4 daughters, 2 of good health from her first marriage, 1 with downsyndrome from her second marriage, and my mom (2nd marriage)who suffers from depression and of whom I have been deemed the caretaker for. Upon the time my grandma was in the hospital my Aunt accused my sister of attempting to poison my grandmother while she was in hospice. My aunt's daughter (my cousin) contacted me and accused my sister of the attempted poisoning and me of attempting to take over her healthcare. In disbelief I contacted my aunt to try understand what happened and she made that the same accusation of my sister and then said that since my sister and I were close that I must be in the with her. She banned my family (including my disabled mother of whom I am the caretaker) from seeing my dieing grandmother. I immediately contacted the hospital and they conducted an inquiry with the nursing staff and confirmed that no such event took place. I did some research and found that my aunt not allowing us to see my grandmother was a violation of basic human rights. I warned my aunt that if she continued with the actions she would force me to seek legal action. She moved my grandmother to another facility but I called around until I found her location and then took my family to see her prior to her death so that we could say our goodbyes. My aunt now has custody of the 3rd daughter, who has downsyndrome, and is not allowing communication between my mother and her sister. Furthermore, my mother's father is elderly as well but still living at home. My aunt (his stepdaughter) is also his caretaker as she was the only capable daughter given my mom and full aunt's state. My aunt has now begun to communicate lies to my grandfather that me and my sister have said we do not want to be part of the family and had accused her of trying to hurt granddad to separate us from him. My mother has tried to speak with her father about but really happen but because of her previous mental health issues, he is not willing to discuss it with her and has told my mother that he doesn't believe my aunt would do these things. I have some proof of what occurred in messages and the inquiry that was conducted at the hospital. So I am not sure what to do I need to stop my aunt from trying to isolate my mother from her sister and my grandfather, but I am just not sure what the best course of action is. On top of all of this, we have heard nothing on my grandmother's estate, will reading or anything.
Submitted: 1 year ago.
Category: Family Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you.

You may want to consider your own lawyer here to protect your inheritance rights.The lawyer can force them to produce any will by court orders if necessary and if there is no will you may be an heir here under the Alabama laws of intestacy.

There is not a deadline to produce a will here and assets have been known to disappear.The lawyer will protect you and get you what you are due as an heir here of the estate.

Lawyer referral here for Alabama probate..

The lawyer can also seek an accounting here of the POA to make sure there was no wrongdoing and removal of the executor here if necessary.All of this is within your rights here through probate court.

I appreciate the chance to help you today.Thanks again and the best to you.

Expert:  RayAnswers replied 1 year ago.

Laws of intestacy if there was no will..Intestate means no will here.

Expert:  RayAnswers replied 1 year ago.

I wanted to add that there is no reading of wills anymore.If it is filed for probate it is then public record so check the county clerk here to see if it has been filed otherwise you need your lawyer to force them to produce it by court order if necessary.Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating it is always much appreciated.