What to do if my aunt is trying to keep me and my sibblings from getting our share ofa Will?

UPDATED: Feb 22, 2012

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What to do if my aunt is trying to keep me and my sibblings from getting our share ofa Will?

Several years ago when both my Grandparents were living they wrote a Will leaving 1 of their houses to me and my 7siblings. Over the years my grandmother passed away and my grandpa went senile. When he went senile my aunt took power of attorney over his money and such. My grandpa passed away about a month ago and she is now trying to claim that she is buying the house on contract from his estate and that we can’t get our share of the Will. Is there anything we can do to fight this?

Asked on February 22, 2012 under Estate Planning, Indiana


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the situation.   It wounds as if your aunt is breaching her fiduciary duty and ma have unduly influenced your grandfather prior to his death.  Now, a POA dies when the person for whom it is enacted dies. Is she also the executor of the Will?  If the Will leaving you the house was submitted to probate then it must be followed except in extreme circumstnces such as selling it to pay taxes, etc.  Please get legal help here. There are time constraints involved.  Good luck.  

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