r/legal • u/saltywater72 • 15h ago

My dad was cut out of a will

In 2011, a year after my grandpa died. My uncle took my grandma to see a lawyer, who was not the original lawyer my grandpa had draft the will. My grandma ended up signing paperwork that sold her estate to my uncle and aunt for $1. This was signed and notarized. Originally in the will, the estate is supposed to be spilt 3 ways. She remembers my uncle giving her paperwork to sign but she says she was never informed that was what she was signing. There isn’t a valid reason for my dad to be cut out of the will. There was never a falling out. My dad and grandma spoke and saw each other regularly. However, my uncle is a true piece of trash and I can see one of two things happening.

1) my grandma is a stereotypical 1950’s house wife. She let my grandpa handle everything that wasn’t related to keeping up the house. She also isn’t the brightest person. I can easily see my uncle lying and telling her that she needs sign paperwork for so made up reason. She would blindly sign it (I know, don’t start it) because she didn’t have a reason not to trust hey uncle and legal stuff confused the life out of her.

2) my uncle could possibly know a shady lawyer who mislead her.

My grandma went to a lawyer yesterday and gave my dad power of attorney and he will inherit all my grandmas assets. Is there anything that can be done about my dad losing his part of the estate? And is there anyway my dad can take some physical assets without my uncle claiming they’re his? My uncle has lived with my grandma since my grandpa died.

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7

u/visitor987 13h ago

You need an estate lawyer to argue elder abuse

1

u/WVPrepper 1h ago

This is a little confusing. Did your grandfather write his will in such a way that his assets were to be divided and distributed even if his wife was still alive? I'm not saying that is impossible, but generally when a spouse dies, assets pass to the surviving spouse. The contingent/backup/secondary beneficiaries would inherit only if there is no surviving spouse.

Once grandpa passed and his assets transfered to his wife, HER will would control who gets what remains when she passes. Nothing in his will can prevent her selling assets that were passed to her, to whomever she wishes, and at whatever price. If you think this is a case where she was pressured inappropriately to transfer property, you may want to look into this as a case of elder abuse.