What to do if few weeks before my grandmother died she was in a heavily sedated state yet she allegedly spoke to a financial advisor on the phone?

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What to do if few weeks before my grandmother died she was in a heavily sedated state yet she allegedly spoke to a financial advisor on the phone?

Now my aunt has said that this wasn’t in the Will but she is taking $8,000 out to put in a Trust until the great grandkids are 21 (with her as the custodian). Can she legally do this when no one has yet to see a copy of Will yet? It is a few days short of 6 months since my grandmother died.

Asked on October 16, 2013 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your grandmother was sedated and not "of sound mind" then her dealings with the advisor and what ever resulted may in fact be able to be put aside and should probably not be followed.  I am assuming your aunt is the executor of the estate?  If the Will does not give her authority to act as she is then she may be in breach of her fiduciary duties and you need to seek help from an attorney in your area to determine your next move.  You may have to challenge her and have her step down. Good luck.


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