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

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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

Answers:

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

Answered 3 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.   


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