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  #1 (permalink)  
Old 07-23-2008, 03:59 AM
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Join Date: Jul 2008
Posts: 1
Default Executor of Will Problems California

I have threats from my aunt to sue me saying she was not in her right mind when she picked me as executor.


I am the executor for my grandmothers will. note: My grandmother is still alive. ( she changed the will three times me being the last one. )

you may be thinking why the change three times and why to me?

1.the kids did not get along ( my grandma wanted to keep the peace between the kids, which did not work. )

2. the first aunt change due to a power trip. ( she was telling her sisters and brothers that she will board up the windows and give the house to a church so that no one gets anything.)

3. the second aunt change do to cancer and her sister (the first aunt) fighting with her about executor.

4. I am the one who has always been by her side through thick and thin when no one else was here and lived there own lives having fun.

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I am now 22 years old, I have lived with my grandma since I was a baby. My grandma is 87 years old and seems to be in good shape for her age. A little Alzheimer's in the past year ( in and out of it) and she is able to walk very little. I have been executor for the past 3-4 years, the doctor know she was fine then.



how many times have they took her to the doctors?

how many times have they cooked for her?

how many times have they helped her take a shower?

how many times have they helped her to the bath room?

how many times have they cleaned her bedding?

how many times have they have called 911 to save her life?

how many times have they gave her her meds?

Which one of them would sit by her side 24/7 a day?



I did this even when I was not executor.

I did this for free.

I did this because I love my grandma.

Where were they to be found? living there own lives. not caring to even call.


I can not believe how family members act in these situations. They are greedy and childish.
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It is getting hard for me to take care of my grandma by myself now. I stay with her 24/7 365, I never leave the house for anything. it is really not good for my health but she took care of me when I was young and I owe her to do the same.

My plans were to buy a cheaper house and have money left over to help pay for someone to help me take care of my grandma and then the money that is left in the end will be split for the siblings. ( I will never put my grandma in a home )

I know the greedy kids are going to dislike this idea to their benefit. Really, I have been saving them money all of these years, when she could of been in a home and all of her assets eaten away.



I need help with:

1. My aunt wants to sue me saying she was not in her right mind when she picked me as executor. Does she have any chance? what can I do to help me protect myself?

This aunt has taken my grandmothers I.d., credit cards and wallet because my grandma was buying my food. ( nothing else! ) She also stopped her bank account! so no one could pay the bills! my grandma had no i.d. to prove who she was! no bills could be paid, turned my grandmas A+++ credit for 70 years into bad credit!

The cops got involved and got her wallet/everything back from my aunt. My grandma said no to pressing charges, this would be years in jail. ( i would not want to see my aunt in jail either.)

This aunt also called abuse on me they came out to check and said there is no abuse! they also come unannounced once in awhile.


2.Will I be able to sell my grandmas house to buy a cheaper one and pay for help to take care of my grandma?


Thanks a bunch!
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  #2 (permalink)  
Old 07-23-2008, 09:57 AM
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Join Date: Nov 2006
Posts: 1,620
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Default

First of all, you being the executor of her will has nothing to do with you having legal authority over her while she is ALIVE. Executor of her will also doesn't have anything to do with who takes care of her, calls 911 for her etc.

What you need now is power of attorney. Your grandmother will have to be declared incompetent for you to accomplish this against her wishes. If she is still competent, she needs to appoint YOU as having power of attorney for her---meaning you can act IS her in legal transactions ( signing medical forms, banking transactions, etc). Power of attorney has nothing to do with her estate and power of attorney ends when grandmother dies, and the legal authority goes to the personal representative/executor of her estate.

If you are currently named as her executor, that gives you ample grounds to print out a power of attorney form, have it notarized and signed in front of witnesses ( the notary will stipulate) and FILE IT at the courthouse. This document does you no good in the back seat of your car. KEEP a copy with you at all times, but FILE the ORIGINAL in the court house. Then if auntie becomes belligerent or steals Granny's wallet, YOU have the authority to have her arrested.

If there are questions about Granny's competency, get something from her doctor stating she is capable and able to make her own decisions and is not impaired in any way. THEN proceed with the power of attorney ( which has nothing to do with probate or her estate).
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