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Christine Hawkins

Wills amd estate beneficiaries

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5 minutes ago, Christine Hawkins said:

I have no idea of any assets that were left from parents investments.

 

Are your parents deceased? Post the dates of death of each.

 

5 minutes ago, Christine Hawkins said:

Was told could not have copy or will

 

Told by who?

 

6 minutes ago, Christine Hawkins said:

I contested the will would be thrown out of all proceeds from the estate

 

I think you left out the word "if" at the beginning of that sentence.

 

Answer the first two questions and tell us the state where they resided when they died.

 

 

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State is FL. Since both parents past after Alzheimer's disease first the father than the mother the POA will not give us a copy of the will norgmail release any documents on their assets life insurance ECT. Never worried before opening safe deposit box and the letter of contents Was altered. Now have questions about their integrity

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You have not posed any questions.  I suggest you apply to be the administrator of your mother's estate.  If there is a will, it will have to be produced.  If someone has already been appointed administrator or executor you can view the court file.

 

Powers of attorney expire at the time of death of the principal.

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Additional info from Christine:

 

Quote

Father died in Nov.2017. Mother passed 6/2018. My brother in law is POA for 5 years he has told my husband that he is not allowed to read will nor is he allowed to look at assets. Well we went to safety deposit box and lush of what went to who was altered. My daughter got 1 thing other items missing. The important issue I have is their integrity I am worried about the assets how much money was spent and now that I see that they are altering things I'm worried I know that one checking account had $294,000 in it at the time they were put into Memory Care almost 5 years ago plus their monthly income of 3000. However my husband will not listen to me on this matter and I feel this is our last attempt at securing our future and I want to believe that my brother-in-law was being honest as POA

 

Please keep your discussion to this thread.

 

Are these your husband's parents you are referring to?

 

 

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3 hours ago, adjusterjack said:

husband's

I'm sorry.  getting back to you ,yes.there was Aust that mother in law left to persons listen on paper that was dated 1999. Problem is half the stuff I bought her listed in said page was bought 10 years after this letter to people in page in safety deposit. They are getting read to split assets. We have no idea of what's in the will and if the page from dad th box was altered what about the will.it's odd. We cannot even look at will until assets are dispursed. They could of left money to their dog. But POA will not let us read ahead of time and has given us no numbers on assets and closed 3 out of 4 checking accounts.what are we to do? Plus he is meeting with his investor before we are him on investment from Father in law.  Which is brother in laws investor too. Investor said we should all meet separately. Why?

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Is it true POA has no power over will now since both parties are deceased? Last one gone Was less than a moth ago. We do not have copy of will nor assets. How can we are what's in the will. Husband was told by the POA if he did not agree with conditions of will they would be thrown out of will.items missing from dad try deposit box. Items left to me swapped out or where missing. What can I do legally about this matter not even same piece of signed paper I read 5 years ago And both parents have been in look down at memory care unit. The paper states what goes to whom. Diamonds pearls opals. Hold items diamond pendants. My stuff was missing and my daughter stuff was fake stuff while the other people had all their items and where real. O don't understand how my family would treat me so unfairly. My pearls fake other caught in law very expensive

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From a legal standpoint this is your husband's problem since it is his parents.

 

If probate has not been opened with the court whoever is doing whatever they are doing can continue doing it with impunity and cannot be compelled to show or give your husband, or you, anything.

 

Your husband has the option of opening probate under intestacy (as if there was no will), seek to be appointed representative of the estate and use the power of the court to hold the family members accountable for what they have done.

 

That is likely to involve hiring a probate attorney.

 

If your husband is not willing and able to do that, unfortunately, nothing changes.

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People can get greedy and unethical when it comes to money, so please don't believe everything you have been told.

 

IF the POA asked your parents to write another will that specifically disinherited your husband and if your husband is not named as a beneficiary in the will, he may not have to provide him with a copy.  POA could have used the POA to have his own name added to the bank account as joint co-owner or beneficiary and may have also done the same with other assets (pension accounts, life insurance, etc.).  Only an attorney can tell you whether those actions according to Florida state law are abuse of POA or elderly financial abuse (which if he did that it probably was illegal).

 

Your husband will need to retain the services of a family law attorney at least for an hour or two of consultation to figure out what, if anything, needs to be done about the misuse of the POA.

 

A probate attorney can tell you if there is any chance you can  get access to the will, or if you even need to get access to it and whether or not your husband would have a legal basis to contest it.

 

Is there a diagnosis documented by a physician that the parents had Alzheimers?  If so, then if the POA was signed after that date then it could be regarded as invalid since the legal concept is that a person with diminished faculties is presumed to be not competent enough to enter into an agreement.

 

Did your husband receive anything from his father's estate and did father also have Alzheimer's or is his mother the only person who had Alzheimers?

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14 hours ago, adjusterjack said:

From a legal standpoint this is your husband's problem since it is his parents.

 

If probate has not been opened with the court whoever is doing whatever they are doing can continue doing it with impunity and cannot be compelled to show or give your husband, or you, anything.

 

Your husband has the option of opening probate under intestacy (as if there was no will), seek to be appointed representative of the estate and use the power of the court to hold the family members accountable for what they have done.

 

That is likely to involve hiring a probate attorney.

 

If your husband is not willing and able to do that, unfortunately, nothing changes.

The only problem.we have is POA will not release information on assets and he is meeting with financial person who is also his investor too. Nothing is in private. I'm in State of Florida. He has already closed 3 accounts. We don't even have copy of will. He won't give it to us. Everything is being dispersed at end of next week and investor of our assets will not meet all 3 at one time he wants to meet with each one separately starting with the POA. There was over a million and a half and assets and we just want to  we stand as far as what was left to us and they won't even produce the will!what was In the safe deposit box was a big cluster bad word insert. It was supposed to be inventory done before items where given to grandchildren and daughter in laws. POA daughter got everything.my daughter received I items everything else was missing. They switched out real pearls for fake ones and lied to me about it. I feel so violated and I also believe the piece of paper that my mother-in-law left for the safe deposit box was altered matter fact I know it was altered what can I do about this it's not that I want anything being that my son passed away and I wanted to get my grandson something but everything is gone and there was never an inventory done. IMY husband and I feel we where deceived with safety deposit box. And are afraid what is in the will.any advice. I don't want things to go to private. I just want info on will and assets. My husband will not confront his brother I will do not lie to me because if they lie they will are all too. Will a family laser do?

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There is nothing anyone on this site can do to help your husband.  He needs to consult an attorney in the county in Florida where his mother last lived.  Assets in a brokerage or bank account may be subject to transfer-on-death or pay-on-death beneficiary designations that would override any provisions in a will.

 

Whether the "POA" did anything illegal is something the lawyer may be able to discover. 

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I gave up after the first three unintelligible posts.

 

To the OP:  Perhaps English isn't your first language, but it's awfully hard to provide anything useful to you if you cannot communicate the situation clearly.  I suggest you consult with a local attorney for advice.

 

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