Family Member Marries a Lawyer... takes over will?

Question

My aunt married a lawyer. They have convinced all elder family members to deal with him as a lawyer.

Scenario 1: My great uncle was put in a home last year and without notifying the family they gutted the house and took all the belongings to an auction sale. All his belongins were sold. Nothing was given to the family. He died a little while later... still nothing has been given. We all know there were certain things left for us. Is there a different law that stated if they are put into a nursing home to sell all belongins whether they are in a will or not?

Scenario 2: My great aunt and uncle have just been placed into a home. Neither are dead. We went past their house and my aunt has called the auction people to take all their belongings. An auction is to be held in a week or so. We know that there are belonging to go to certain family members. Is there any way to stop this? Are they messing with the system?

She is not notifying the family on anything. We have no say! We are worried for the future. There are so many sentimental things and we know we have rights to them. What should we do?!

Please advise. Sorry for being so wordy!!

Answer 1

Your aunt has power of attorney, and therefore most likely has the authority to sell these assets, regardless of what the will may say in regard of these assets.  Until death, the will is a document with pretty much no legal import.

It's not unusual for seniors to liquidate their estates when placed in long-term care facilities or other retirement accommodations.  Basically, these folks have three options:  Spend a small fortune on storage for their chattels, much of which is often junk, so that it can be distributed upon death; give away the chattels while living (the attorney does not generally have authority to do this); or sell the chattels and invest the proceeds into an account such that they will grow the estate.  It also allows a restructuring of the estate plan in such a way that will-substitutes can be put to greater use, avoiding or minimizing probate fees.

It's kind of a no-brainer in terms of benefit to the estate.

In terms of the will, it creates a bit of a hitch by way of ademption (i.e. a gift is void if it's no longer owned at the time of death), but if your relatives have a residuary clause in the will that reflects their intentions, then there shouldn't be any real trouble.  Basically, if your deceased great uncle left you, for example, his stamp collection and nothing else, and the stamp collection was sold prior to death, then you get nothing.  However, if he left you his stamp collection and a portion of the residue, then you still get your portion of the residue (which is now larger because of the sale of the stamp collection).

Answer 2

I'm sorry but as long as your elder reletives are alive you have no right to anything.  Your only recourse it to find a lawyer that will help you look into the affairs of these reletives.  If they are considered in control of their own minds and have been convinced to sign their affairs over to be run by this uncle in law then there is nothing to do.  Please consider the possibility that Aunt and Uncle are selling everything to pay the bills the elders are running up.  But if this is true then the lawyer isn't doning a very good job of protecting his clients interests.

They may be within the law but they don't sound ethical.  And the only people that can effectivly protest any of this is the elder's children.  Good luck.

Answer 3

Hate to say it as long as they are both a live and even though they live in a nursing home, its still there belongings and they can do whatever they see fit with there things.. You have no legal leg to stand on unless theres a durable power of attorney..

Greed is a h**l of a thing.. Don't you know that as long as there in sound mind, that its THERE STUFF??? HELLO