Is this Power of Attorney legal?

Question

My Grandfather just passed away on the 19th and now my Aunt who is not his legal daughter is trying to take everything that he owns like she did with her mother when she died. Is that Legal? the Family is unsure if there is a Power of Attorney here because before he died he said that he did not remember signing anything stating that. Plus there is no Will or anything that states what he wanted to do with his things other then what he has told us. These people have done nothing but take from him and now they are going to try and take all that is left of him and my Grandmother. How can I or anyone else in the Family obtain a copy to find out if there is a Power of Attorney or try to fight it? And also is this Legal being that she is not his Biological or legal daughter? What can I do to protect what is left of my Grandfathers possessions?

Answer 1

This is a task for a lawyer, and you need to engage one forthwith.  The probate court will issue letters of administration to the designated executor - if there is one.  Here, there would probably be competing claims for executorship, and the court will have to sort these out.

Answer 2

If there really is no will as you say, the task falls to the courts to probate the estate. You need a lawyer. The court will distribute the estate as best they can by determining the order of the next of kin, a spouse ALWAYS comes first (even if someone else has a power of attorney), and then by blood over marriage for relatives if no spouse. If someone has a power of attorney for the deceased, it will be a notarized legal document which they will have to produce for the court. If one exists or not will determine the subsequent course of action by the court. If your aunt takes anything without the court approving, then it is THEFT. By the way, a power of attorney only means the person can act on behalf of the person in things like business, NOT in determining the disposition of an estate unless the court approves and makes the holder an executor for the estate. In general, a power of attorney does not survive the death of the person who made it over to someone else, though I am sure there is an exception somewhere.

Answer 3

If your grandfather signed a POA (whether he remembers it or not) then there really is no way you can fight it.  One does not have to be a blood relative of a person in order to be given a POA.  One doesn't even have to related to that person at all.  You can grant a POA to anyone of your choosing.  You need to go to court to get a copy of the POA and have your grandfather's signature looked at.  If it is his signature the rest of the family is out of luck.