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Old Nov 26, 2010, 06:48 AM
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AAAAA AAAAA is offline
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Member Since: Oct 2007
Location: Midwest
Posts: 5,042
If your Aunt did this under the table, and relied upon Tina without a written agreement then you are SOL.

As I said our loved ones are human. They too can be blinded by their affection. We are going through a very similiar thing with my Aunt.

She died nearly a year ago. She was an oncology nurse so when she got her dx she was well aware of what was in her future. She immediately made a will. She left her car, home and other properties to her life partner, but all of her liquid assets (stocks, bonds, pension, IRA, cash) to two of my cousins and her life partner's daughter to be split equally. She made her life partner executor.

Until her death, she had kept her finances seperate from her life partner for several reasons. First she was married many years ago and when they divorced he took everything including her own inheritance from her mother. Second our state specifically changed its constitution a few years ago and same sex couples are not recognized at all. Third (and this is why I was shocked she left LP as executor) her LP was very bad with money.

She lost her mental capacity quite quickly (brain cancer) as was expected and died five months later. She had a stroke during the biopsy which immediately required her hospitalization. In the end, she never left the hospital.

While she was in the hospital, she allowed her life partner access to one of her accounts to pay the mortage and medical expenses etc. During that five month period, her LP bought a new car, took her credit cards and maxed them out acting as my Aunt. The LP emptied that account as soon as money was deposited (she continued to draw not only her regular salary but also private short term disability that was specifically calculated to cover mortage and medical co-pays) she never paid the mortage (house is now in forclosure) nor did she pay any of the medical co-pays (which now effects my cousin's inheritances).

Further, I don't know what story she was giving the lawyer, but my cousins had to contact him directly because the copies of the will were not forthcoming. She will not release any of the family momentos to my cousins. Things worthless to anyone other family members, pictures of our grandparents, grandma's lasagna pan, quilts made by my Great Aunt, costume jewelery that has been in the family for years and trinkets that she wanted life long friends to have.

We all knew that these problems were coming as soon as she said that her LP was named as her executor. She still had her mind at that time, but no one wanted to upset her by saying something. Thank God she had the forsight to give my Cousin her medical power of attorney to make sure her wishes were carried out. LP fought my Cousin on several things during the illness.

It was very frustrating! As I said, she had been an ORN for 25 years, she knew what was coming and gathered everyone to make her wishes known. As her mental state declined her LP would convince her of the most bizzare things. She actually tried to prevent my Aunt from getting the comfort measures she needed in her last days. Oh btw, her LP was also an RN so she knew exactly what she was doing! All because she wanted to save money that wasn't even hers.

To date nothing has been dispersed. The heirs are specifically named. My cousins have gotten their own lawyer.
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