Was it legal for my aunt to take my father’s name off of the Will 30 days before my grandma passed?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Was it legal for my aunt to take my father’s name off of the Will 30 days before my grandma passed?

Back in 1999 my grandma and grandpa created a Will that had my fathers name on it. My grandpa ended up passing away in 1999. On the Will it stated that if my father were to die his share would go to his children which is me, my brother, and sister. Unfortunately my father did end up passing away in 2006. So this year my grandma ended up passing away from an illness back in July 2017. My aunt who was made power of attorney took my father’s name off of the Will 30 days before my grandma passed away. So she basically ended up taking my father’s share which was supposed to go to his children. I would like to know if you think I have a case against my aunt to get me, my brother, and sisters share back?

Asked on October 4, 2017 under Estate Planning, California


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  Yes, I believe that you have a case against your Aunt.  First and foremost a Power of Attorney does not allow an Attorney in Fact (that is what they are called) to create or alter a Will on someone else's behalf. That is a big no no. Moreover, doing so 30 days prior to someone passing raises a big red flag.  Please get help.  Good luck.   

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption