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lifeexperiences, not sure how I missed your last response last year about your cousin rushing your uncle into hospice but in an earlier post you said he was given 2 mos. to live so I'd hardly think she "rushed" him into hospice; we didn't get my dad into it until just 3 days before he passed away.
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heartbroken, not sure I understand; how do you not have a reading of the will?
and at least in my case, their attorney who wrote the will had no clue about anything after their death's; he was no longer even in town. and it would probably take a lot of money and if you did pursue and won, to what purpose? are you after....would you be able to get the money back?
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and, life, I thought you said your cousin had POA, or maybe that was just over your dad and your brother had it over your mom? and are you saying he became the executor over the trust? and what do you mean he couldn't sign for your mom; so how were things handled then? and this is interesting because as far as we know hub's aunt and uncle don't have a will but then considering a lot of other things that have happened, who's to say he doesn't have one she doesn't know about, although very little would need to be in it; their son already has access to their funds, but they do have a vehicle with her name on it and he has a couple more that may not have and they have their mobile home that has her name on it, so we're thinking he may not have included their daughter on his will, if he has one, but we're believing if aunt's not included in the will then he could only exclude daughter from 1/2 the mobile home, but in your case, how did your dad dropping your brother help anything?
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debdaugher....there is a story about the problem i had with my cousin and my uncle and the money i was to inheret. later i added a story about my the problems with my brother and my inheritance. maybe you should go back and read it.
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I went back and re-read the postings and now I am totally lost.... but then again, what do I and others on this forum know.

By the way, one does need to live a situation in order to give qualified answers.

Hope you find what you are looking for.
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^^^^ sorry typo: should read "one doesn't need to live a situation in order to give qualified answers.
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lol freqflyer....i think your first post was right! lol
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Lifeexperiences, On various threads on the forum, I've seen posters ask for responses only from people who have had exactly the same experience. Why is that? Why did they, like you, write off responses from well meaning folks who might have something useful to add anyway?
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realtime, i never read a useful one on this question.
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well, life, I'm going to chime back in here with aunt and uncle's situation after having another talk with her and some more things happening with their daughter that make them even more not want her to have anything after their gone; if, as she's saying now, there even is anything; she's saying now they do have some small burial policies but not enough to do what they want done when they're gone, so they want to use the money she'd always said was for that purpose - well, if there's even still enough of that anymore, after what's happened with daughter and grandson but there at least was in December (but I believe she's thinking in terms of when there was even more) but also after what she's been told a headstone cost there may not be but I didn't think they cost that much but then haven't really checked into it but now she's saying she wants to go ahead and get theirs while they get another one that they're needing to get, so she may end up being right but since then that money's not showing up on their statement anymore, seemingly at least, not even really sure about that, since their statements aren't sticking around anymore either and since son has access to their accounts he would have had the ability to have moved those funds to another account and when she calls the bank about it they're telling her now that uncle is primary and they can't tell her anything; that she'll have to bring him in and as of now from what I understand he's been refusing to go but having said all that to say that according to her they still don't have a will, so, in that sense, have no named heir as far as their daughter, but that means she still has state's rights as their daughter and if there is anything to inherit and she doesn't get her part, she could present herself for it; the issue might come down to their vehicle and their mobile, which aunt says she's going to sell if uncle goes first but my concern there is how her name is on it because it could be on in such a way that she will still not have sole ownership of it when/if he does pass away first, that you'll still be back in the situation of the state laws if no will, which would mean she would only own half of it and - here we go again - both children would own the other half, which would mean she would not be able to sell it without their consent, unless, if they don't give it, she forces the sale through the court but she says she won't have to do; that she'll be able to force them to give consent because of some other things that she feels she was forced into but she wants to do that because she wants to move into assisted living, which she hasn't even looked into to see how much it would cost, just says if her being able to sell it is blocked and they won't give consent, then, at that point, she'll hire an attorney but you've other issues possibly there like some you brought up but I notice you haven't answered my question either
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Life, I'm sorry you have lost your uncle. It sounds like there is an attorney already involved with uncle's estate. The cousin's POA authority ended when uncle died. I am not sure from all the various posts, who the Executor is. But that person is supposed to be keeping all the records straigbt-- for the Beneficiaries listed in the Will. Being the you have had no response (to your satisfaction) from the Executor or the Estate attorney, in all this time, if it were me, I would check the county Probate Court for the county where uncle died. Perhaps his Estate is hung up in Probate. ....but, if you were a Beneficiary then the Probate Court would already have notified you of all proceedings. Since you have not heard from the Executor, the Estate attorney, nor from the Probate Court, to me it sounds like you're not actually a Beneficiary. At this statement if you are getting all upset because you know you are named in the Will....then you need to go to Probate Court and open a file yourself,yes you will need to provide some evidence to support your assertion that you have a valid Claim against uncle's Estate...and if the Court accepts your Claim, then you have a foot in the door. All of this will be loads easier if you have your own attorney. Nobody is going to pay for that attorney for you. I also suspect that the Estate's attorney might not be having their bills paid --otherwise why would they not be responding to your requests for information ? So again, I am wondering if there is more information that you could provide, so others here in AC could help you. There will never be anyone with exactly same circumstances, but certainly we can provide some help from all our own experiences. Please post an update to what successes you may have had lately, with this situation....who knows, in sharing your experience you might get to help someone else. Best Wishes.
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hi mallory, not posting on this subject anymore...tooooo many negative remarks and all has been resolved! thanks
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My mom recently died. I found out that I was one of the beneficiaries of an account she had. I also found out through requesting copies of statements & checks from that account quite a bit of money was transferred to the POAs account & several checks were written over the years made out to either him or my mom. Every signature is different (including misspellings of her name) on almost every check I have reviewed. Even if I were to only look at the last 3 checks written within a month before she died, it is quite evident they were not written by my mom. She could not even physically write a check! And why would one of these "sizable" checks even be written out to her? It wasn't like she was going to go out & spend it. One of the larger checks (over 65K) was made out to the POA less than 2 weeks before her she died. It was signed "perfectly" by my mom, too (who was on hospice, incapacitated, & legally blind). Almost 3 years ago, she could hardly see & was never able to write that legibly even then. Advice, please!!!
Doesn't a POA & EXECUTOR have any accountability to protect my mom's assets & to look out for her best interest with both her money and estate. And shouldn't they have "proof" as to where this money went and why. The estate is a whole different can of worms! What recourse do I have - if any - especially, when everything is so blatantly clear, fraud was going on?
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