Is there anything that can be done if a sibling does not notify all legal heirs of a grandparent’s passing away?

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Is there anything that can be done if a sibling does not notify all legal heirs of a grandparent’s passing away?

My husband’s grandma has a Will and durable power of attorney naming him the executor – his sister essentially abducted the grandma and relocated her making her where abouts unknown to us. Grandma passed away 2 months ago and we were just notified by the sister who had taken her. She has already had her cremated and claimed she was the only next of kin. She also has cleaned out her bank accounts. She was aware of grandma’s Will and desire to be buried not cremated. What can we do, if anything?

Asked on February 15, 2012 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  In order o act on behalf of the estate your Husband would have to off the Will for probate and be appointed as the executor.  Now, it must be offered for probate in he county in which his grandmother resided at the time of her death.  Her legal residence.  I am fearful that his sister had the accounts made joint before grandma passed and that is how she cleared them out.  You are going to have to prove a lot here - undue influence maybe.  Get legal help.  Good luck.


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