What are a beneficiaries rights if they were never notified of their inheritance?
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What are a beneficiaries rights if they were never notified of their inheritance?
My grandpa died 2 years ago and left a Will. All grandkids were left equal parts of the land. However the Power of Attorney did not informed me that I was in it or even that there was a Will. I was informed by a close friend of my grandpa. What should I do? I know the Will has not been put in probate. Can they legally sign my name or act like they sold my part of the property?
Asked on April 19, 2011 under Estate Planning, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I a so sorry for your loss and for your troubles. Just so that you know, a Power of Attorney dies with the person for whom it is intended. So it dies with grandpa. If the Will was never probated then that is why you never received notice, but it should be probated at this point in time. Who is the named Executor in the Will? They have an obligation to petition that the Will be submitted for probate. I might consult with an attorney to send a letter on your behalf indicating that you wish a copy of the Will and that you request that the Will be submitted "forthwith" for probate. If the executor does not respond you should force his or her hand and file an action in Probate Court. Good luck to you.
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