Hi,
My partners grandmother (94yrs) is currently in a nursing home with dementia, his father and uncle were made power of attorneys over her estate. His father passed away 4 years ago leaving his uncle as sole power of attorney. He recently sold her home (would not advise for what price, though found out it was $600k), upon asking him what he had done with the money he advised half is in an account and half in the nursing home.
Recently his uncle has been saying he wants to give our daughter money and to advise of bank details. We had lunch with him on the weekend and afterwards he said again to let him know our daughters bank details (1yr old) so he can give her some of his grandmothers money. His uncle said he had done the same for all his 3 kids (4 grandchildren), won’t advise how much. My partner also has 3 other brothers (2 half brothers), my partner said he would need to speak to his brothers also because he did not feel comfortable taking money without speaking with them. His uncle said that they don’t even see their grandmother and the two half brothers aren’t entitled to anything. He also said that once his grandmother passes that the will can be contested and everything is frozen.
My partner ended up sending a text msg to his uncle saying that he did not feel comfortable taking any money until he knows what’s in his grandmothers will and what she wanted to do with her money. . . We know that before his fathers death and when his grandmother was of sound mind that she did her will as she wanted her money to be split 50/50 between her two sons. His uncle is saying he had no knowledge of what’s in the will and doesn’t remember ever talking with his brother about any of this.
After my partner sent the msg, his uncle called him the day after saying that “I think you have it all wrong, I’m not trying to do anything dodgy”. He said that he asked my partners grandmother (a 94yr old Italian with dementia who struggles to understand a basic conversation) what she wanted to do for Christmas and she said she wanted to give my partner (none of his brothers) and all of his uncles kids money (only mentioned their names), he even said that she wanted to give his daughter more money b cause ‘she loves her’ (he told us at lunch today hat she is struggling financially). We think he is trying to cover his tracks saying that she wanted to give out money which she would not understand or comprehend and had always been a fair woman and considered all or my partners brothers family and always given them Christmas presents.
We do not know what else he has spent money on or how much he has given out to his children. We just want to ensure that what the will states is what is distributed only when his grandmother has passed. From the things he has said we think he is trying to pay out money to his family so when she does pass there is less money left over to be distributed if at all to my partner and his brothers.
Can we get a copy of the will? Can we get a financial statement from the account? Is he acting within his rights?
My partners grandmother (94yrs) is currently in a nursing home with dementia, his father and uncle were made power of attorneys over her estate. His father passed away 4 years ago leaving his uncle as sole power of attorney. He recently sold her home (would not advise for what price, though found out it was $600k), upon asking him what he had done with the money he advised half is in an account and half in the nursing home.
Recently his uncle has been saying he wants to give our daughter money and to advise of bank details. We had lunch with him on the weekend and afterwards he said again to let him know our daughters bank details (1yr old) so he can give her some of his grandmothers money. His uncle said he had done the same for all his 3 kids (4 grandchildren), won’t advise how much. My partner also has 3 other brothers (2 half brothers), my partner said he would need to speak to his brothers also because he did not feel comfortable taking money without speaking with them. His uncle said that they don’t even see their grandmother and the two half brothers aren’t entitled to anything. He also said that once his grandmother passes that the will can be contested and everything is frozen.
My partner ended up sending a text msg to his uncle saying that he did not feel comfortable taking any money until he knows what’s in his grandmothers will and what she wanted to do with her money. . . We know that before his fathers death and when his grandmother was of sound mind that she did her will as she wanted her money to be split 50/50 between her two sons. His uncle is saying he had no knowledge of what’s in the will and doesn’t remember ever talking with his brother about any of this.
After my partner sent the msg, his uncle called him the day after saying that “I think you have it all wrong, I’m not trying to do anything dodgy”. He said that he asked my partners grandmother (a 94yr old Italian with dementia who struggles to understand a basic conversation) what she wanted to do for Christmas and she said she wanted to give my partner (none of his brothers) and all of his uncles kids money (only mentioned their names), he even said that she wanted to give his daughter more money b cause ‘she loves her’ (he told us at lunch today hat she is struggling financially). We think he is trying to cover his tracks saying that she wanted to give out money which she would not understand or comprehend and had always been a fair woman and considered all or my partners brothers family and always given them Christmas presents.
We do not know what else he has spent money on or how much he has given out to his children. We just want to ensure that what the will states is what is distributed only when his grandmother has passed. From the things he has said we think he is trying to pay out money to his family so when she does pass there is less money left over to be distributed if at all to my partner and his brothers.
Can we get a copy of the will? Can we get a financial statement from the account? Is he acting within his rights?
