If my mother obtained POA when her father died, did she legally claim money that he delegated to me when she changed his will?

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If my mother obtained POA when her father died, did she legally claim money that he delegated to me when she changed his will?

I lived with my wealthy grandparents in middle school and they always told me that they included me in their Will. My grandmother passed first, followed by my grandfather 5 years later (after a series of strokes). My mother has always been selfish, having traveled the world since their death. One day I asked my aunt, her sister, about the Will which upset my mother. She blurted out, “We only got $100,000 each” (my mother and my aunt). If she gets upset at me she always threatens, “I’m taking you out of my Will”. She compares it by asking me how I would feel if she left her money to her grandchildren?

Asked on May 2, 2011 under Estate Planning, Illinois

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss and the ensuing situation.  It sounds as if your Grandparents were a wonderful influence in your life and you were lucky to have them.  Now, if there was a Will then it would have been "offered for probate" or submitted to the probate court in the county in which your grandparents resided (legally lived) at the time of their death.  A Will is a public record and you can go down to the court to review it.  That would be a good start for you.  Now, if your grandparents were good planners then they might have instead prepared a trust which held their wealth.  Some trusts are listed in a Will so you will be able to tell if that were the case.  But the bad part is that the specifics of the trust will not be listed in the Will and a trust is not public record.  Start with the Will and see where it goes from there.  If your grandparents were wealthy then I am sure they had an attorney and it may be in your best interest t hire someone to look in to the matter attorney to attorney.  Good luck.


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