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You are here: Home / Probate Forum / Open Question: My Grandmother passed away and she left a will that was done in 1993?

Open Question: My Grandmother passed away and she left a will that was done in 1993?

February 27, 2012 by Anthony Nitz

My Grandmother passed away Nov 2011. There was a will done in 1993 and the deed to her house was put in my uncles name in 1998. Now there was language in the deed that an attorney pointed out to me. It states that my grandmother reserves a power of appointment, which is a right to designate to whom the title passes upon her death. So my uncle was deeded the property subject to my grandmothers life estate, instead of the entire title passing to him upon her death which would normally happen. My grandmother stated that she may name others to take title to the real estate in her will. He has not filed the will with probate but the deed was done in 1998 and the will was done in 1993. I am not sure if there was another will done after the deed. My mother is named in the will as along with her other brothers. I know I can force the filing of the will with probate but can we do anything since the will was done before the deed? Would the attorney who did the will tell me if there was another one done? My uncle is basically trying to screw my mother out of her share. He is very greedy and he’s crazy. At the time my grandmother signed the deed she was not in her right state of mind because a stroke she had years early and she was scared of my uncle.
He wouldn’t even let my mother see the will til months after because she had a lawyer contact him and she told him he had to show it to her.
I live in Massachusetts and I have heard that since the will was done before the deed that the deed oversees the will. All I want is for my mother to protect her interest.

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