If Iwas left a large sum of money when my grandparents passed away and my aunt had their power of attorneybut will not let me have it, is this legal?

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If Iwas left a large sum of money when my grandparents passed away and my aunt had their power of attorneybut will not let me have it, is this legal?

My grandparents passed away 10 years ago. When they passed away they left a huge amount of money in a bank account that was supposed to go to me. By huge Imean in the multi-millions. My grandfather was an owner of stocks in the oil business. My aunt had their power of attorney when they died. I have asked her over the years about the details of where my money is and if I could get some of it. Is it legal for her to with hold my money from me since she had their power of attorney or is it all legally mine?

Asked on December 19, 2011 under Estate Planning, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A power of attorney ends upon the death of the person who gave the power. The power of attorney that you are writing about that your aunt had with your grandparents would no longer be valid since both of your grandparents have passed.

Possibly, your aunt may have a power under an express trust concerning the gift made to you. If so, then she as the trustee could very well hold back money that was given to you assuming the trust alllows such a power to do so. I suggest that you ask your aunt about a trust that may be in effect and for you to be given a copy.

Assuming you get a copy, you need to carefully read it. You may also want to consult with a Wills and trust attorney about the situation as well.


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