Can someone who has guardianship over a person get their estate?

UPDATED: Mar 9, 2012

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Can someone who has guardianship over a person get their estate?

My mother who is 85 is in a nursing home. My uncle has legal guardianship over my mother. My mother has a Will which states that her house and 3 acres of land will go to me when she dies. My uncle states that he will obtain the house and property since he has guardianship. Is there any way my uncle can inherit the house and land when my mother dies?

Asked on March 9, 2012 under Estate Planning, Virginia


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

Answered 11 years ago | Contributor

Oh no, no, no.  He is guardian of her estate as well as her?  You need to have your Uncle removed as your Mother as guardian right away.  Seek help from an attorney and let him or her know what is going on.  Where is the original Will?  You need it.  If your uncle in some way forces your Mother to change the WIll at this point that would be highly suspect.  But my concern is that he will do something as the guardian to dissipate estate assets.  Get help.  Good luck.

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