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Is it possible for my father to keep money that was left to me in my grandfathers will?
Anonymous2 views4 answers
My grandfather dies about 30 years ago and left my dad power of attorney. My dad says he has the power to not give me the money even though I am 47 years old. The money was left in the will for me, is there any position a person can give in a will that would let this be possible? Is there anyway to get the money?
I think it would be a good idea for you to talk with an experienced local NY probate/estate litigation attorney for a full review of the facts and any options that might exist. An important issue right off the bat is going to be whether too much time has passed for you to take action now ("statute of limitations"). Another issue would likely be whether your father has anything you could collect if you were to successfully get a judgment against him. From this limited facts you've stated here, it appears this would be a challenging case but do talk with a NY lawyer for a full and complete discussion of what happened and whether there is anything you can do now.
You need to contact an attorney handling Wills and Probate, preferable one of the attorneys. Just so you understand some of the terminology used, the Power of Attorney your father had for your grandfather ends the moment your grandfather died. Power of Attorney only applies to living individuals. If your grandfather's Will designated you as a beneficiary you are entitled to inherit barring curtailing language to the contrary. You need to show the Will to an attorney for inspection and review. 30 years is a long time ago and i'm assuming the money left to you was left in some form of Trust through the Will. Again, need to see the Will for precise answers. Call an attorney immediately.
Dear Red Hook Heir:
The will could not convey a power of attorney. Any existing power of attorney ended at the time your grandfather passed away. Because you were a minor when your grandfather passed away the will may have provided that your inheritance would be held in trust until age of majority. That would not mean your inheritance went to your father; only that the bequest could not be conveyed to you until you were an adult. Go see a lawyer and claim your inheritance if your father did not already consume the bequest.
As a trust beneficiary, you are entitled to receive the trust document and annual accountings. In your case, the will most likely contains the trust language.
You father should give you a copy of the trust and the accounting. After you receive these documents, you should consult with your own attorney.
