How can a benefciairy find out about their inheritance?
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How can a benefciairy find out about their inheritance?
My aunt, who was POA, sold my grandmother’s house 3 months ago. My grandma left a Will stating that all 6 siblings divide the proceeds from the sale of the house. Now my aunt is refusing to give any information about the division. What can my mom do to find out what happened to her share of the money from the sale?
Asked on May 23, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
She--together with any other of her siblings who are likewise concerned--can bring a legal action against your grandmother's "estate" (the legal entity consisting of what she left behind) and your aunt to have the court look into the situation and, if necessary, order a distribution of monies or other assets, the repayment of any amounts your aunt improperly took or spent, etc. The exact nature of the action will depend on the timing of the sale (did your aunt use a POA to sell the home before your grandmother's death or after?) and nature of your aunt's authority (a POA has no effect after death, so to have any legal authority over the home after your grandmother died, she would have had to have been named in the will as executor), so we can't be more specific than saying to bring "a legal action" at this time--but there should some action that can be brought. You mother and other interested siblings should consult with an attorney.
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