Power of attorney? Any help will be appreciated!!

Question

My grandfather died 3 years ago today. Before he died, he transferred his land to my mom and her brother splitting the property equally. My grandfather was a farmer, and he had a great deal of land. My grandmother is still alive so she has control of the money, house, and land surrounding the house. However, my uncle has really became a monster since my grandfather died. He has tried to bully my mom into giving him all the land as well as the money (which is also a substancial amount). After my grandfather's death, he threw away most of my grandfather's possessions, turned my grandmother against my mom, and has taken full control of the money and left my grandmother with only a small amount to live on. He has rented the land out to be farmed without my mother's consent and pocketed the profits. Now, the agriculture department sent my mom some sort of notice in the mail. She called the office, and they told her my uncle brought in a paper saying he had power of attorney. My mom is completely bewildered because she has never agreed to this. My grandmother could not have given him permission because the land has been signed over to them, and my grandmother has no say so in it. What should my mom do? She told me she is almost ready to give in and sign everything over to him. My dad, on the other hand, is not going to let her be bullied. My grandfather made sure in his will that even my grandmother can not reverse his wishes. I think he knew something like this may happen. However, somehow my uncle has managed to pull money out cd's, transfer them here and there, and left my mom completely in the dark. My mom went to the bank and said she wanted a bank account to be sent to her, but they set her up with an internet account. Somehow my uncle found out and accused my mom of trying to steal the money which is completely inaccurate. My parents are moderately well-off and have no need to steal. What can she do? She is at a complete loss and says it isn't worth it. I told her that my grandfather wanted her to have half of what he worked all his life for, and she shouldn't give up. Any suggestions?

Answer 1

for goodness sake, stop asking such serious questions here. We like to answer  questions for a bit of fun, but this question needs a very knowledgeable lawyer. The strictly professional and very complex legal aspects of this case can only be attended to by a lawyer. Please dont listen to any answers that try to give advise, however well intentioned, because in this case they will be totally wrong and I am a lawyer of many years standing.  

Answer 2

You can't help someone who doesn't want to be helped. She should be hiring an attorney and taking your Uncle to court.

Answer 3

Sounds like it's time for a professional lawyer to review the will, the bequests, the documents from AG, and the fradulent POA for a possible filing of a fraud case

Answer 4

And this is why we have attorneys!  She should have consulted one long ago as she has probably lost a great deal of money since your grandfather died.

Make an appointment to see an attorney who deals with probate issues. Take the will and any other pertinent paperwork. Hopefully a well-written legal letter will make your Uncle back off and do as the will intended.

Tell your Mom a few minutes at a lawyers office to get this settled IS worth it. Its not just her money - it is also part of YOUR inheritance, and the right thing to do.    

Answer 5

I think your mother and grandmother need to talk to an attorney if they haven't already. Because your uncle had power of attorney,I'm not sure how he could legally take money out of a CD that belongs to your grandmother. I think your grandmother and mother should fight for what is rightfully theirs if your grandfather had it stipulated in his will. Your uncle could have had the will contested but I think all parties involved would have received notification of that. I don't know the laws in that type of thing but I think your uncle is doing things illegally. I knew 2 guys in there 20's whose mother passed away and the guy she had living with her who was not her sons father,take her house,car,personal belongings and any money she had. She had a will but because the woman's sons could not afford an attorney,he got away with taking it all from them. Good luck.

Edit: I think your mother should proceed with seeing an attorney and get what's rightfully hers,regardless of what your grandmother and uncle do. It will cost her to do that but try and find an attorney to handle the case where you only have to pay him,if he wins the case for you.

Answer 6

I am a retired farmer that has seen things a lot like what you describe. I am going say some pretty hard thing to someone I don't know. But you are asking a hard question.

What it sounds like to me is the land may have been left to your mom and uncle with their mother being a life tenant. In Oklahoma it treated just like your grandmother owned the land but she can't sell it or encumber without the permission of you mom and uncle. It also keeps the government from forcing the sale of the land if she out lives her money in a resting home.  

Without a copy of the will and any papers regarding the deal for a lawyer familiar with that states law to interpret no one can make any comment on the facts of the situation.

If your grandmother is the life tenant they very well may be doing things well with in the law. Only a lawyer with access to all the relevant papers can tell you who is most likely to prevail if the dispute is taken to court.

First be sure you really want to know the answer. It may not be the one you want it to be.  We have a choice about most things in life but who our parents are isn't one one of them. No matter how much we love them and look up to them they are people just like everyone else. Most have strong points and weak points. If you get in this to straighten things out you are likely to find out  everything there is to know about  your mother as well as  your grand mother and Uncle.

Before you can do anything but hold you mother's hand you have to find out the facts in the matter.

If you get into this you need a lawyer right now that is familiar with the area and farming. You need to be careful on who you pick. You don't want a local good old boy that grew up with you uncle but you don't want a out of town "junk yard dog" kind of lawyer either.

Get a reference for 2 or 3 lawyers in the two of the counties  next to the one the land is in and tell them the same story and get their recommendation. You may want to talk to two of them. Then set down with you mother and decide what to do.

The other way is set down with your uncle and grandmother and hear their  side of the story. There is always at least one more story than there are people telling them. The one the actually facts tell. Not someones interpretation of them. No two people ever see them the same including lawyers, judges and juries. Before you can make up your mind you need all the facts.

This is not the place to solve this kind of problem. You need to be sure what the facts actually are and the only place you can do the is in the court house where the land is and talking with your mom and grand mother and uncle and getting it all out in the open or get a lawyer to figure it out for you.

You do need to make up your mind what to do an get stared doing it as there is a time limit on how far back you can make charges like this. The land is worth wile to get right as it is worth nearly twice what it was when you grandfather passed away.

I am really sorry I don't have a better  answer for you than either one can be right. Be careful on this. It can have a bad outcome for you with your relationship with your family no matter who is right or wrong.

Sincerly

Gordon Couger