QUESTION

need advise on a will of my granmother

Asked on Oct 08th, 2012 on Wills and Probate - Maryland
More details to this question:
hi,my grandmother passed away 5 weeks ago and my brother is power of attorney and he wont tell us anything, he lives out of state and wont answer any phone calls, is this normal or should i have known something by now, i know i should have money coming and all her nouses were sold 2 years ago
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1 ANSWER

Dear Maryland, Your brother's behavior is possibly indicative of someone who abused his power of attorney (POA )and possibly left nothing in an estate to be probated and distributed.  Your brother's power of attorney was valid while your grandmother was alive....It ended at her death or at most it ended after disposition of her remains.  At that point, whomever was her named executor in her will IF she had a will should have filed the will with the clerk of the circuit court within 30 days of her death.  Upon being filed, the will is a public document and you or anyone can pay a fee to obtain a copy.  Unfortunately, sometimes wills do not get filed and even though it is a crime to hide or secret a will, it happens. A power of attorney gave your brother broad powers  and permission to act on behalf of your grandma as though he was her.  Sounds like he negotiated everything while she was alive and that would have been you other heirs' opportunity to haul him into court for abuse of his power of attorney IF such was occurring.  Sounds as if now all the assets are possibly gone.  It is possible that he sold the assets to pay for your grandmother's care.  It is also possible that he is still grieving and cannot pull himself together yet to deal with the administration of the estate.....Again, you did not indicate if there is a will and if there is a named executor.  I suggest the next time you call, leave a message acknowledging that you recognize as the POA he had a lot of responsibilities and you are calling to see if you can do anything to make his life a bit easier....ask to help.  I imagine you are grieving too, so give both of you time to heal.  Best wishes to you.
Answered on Oct 17th, 2012 at 8:57 PM

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