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She always wanted me and my brother to log about 100 acres and give her a proper burial/funeral, set up a trust for future taxes and trust for my uncle who is also on the deed, and divide the rest between me and my brother since our mother died. She wanted this in case she became incompetent or was a security for us in case it was lost in probate court or to the medical bills. I have 4 witnesses but no documentation though. She has no Durable power of attorney or Power of Attorney set in place and is now mentally incompetent.

Sorry, didn't read ur profile before. If Gma is on Medicaid or could be there is so much more here. You definitely need a lawyer.
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Reply to JoAnn29
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HayesJosh34, I read your profile.... please note that anything that is posted here goes out onto the Internet. I highly recommend you take out information that may be easy to trace your identity.

As for your Grandmother, as others had mentioned, time to make an appointment with an Elder Law attorney, as everything is so very complex.
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Reply to freqflyer
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Even if a guardianship is set up, it doesn't give him the right to set up something "she may have said". It all should have been done in writing at the time she proposed it.

I am assuming she has no will. Then she dies without one. Then probate will have to assign someone Administrator to handle the estate. When it comes down to it, your Uncle will inherit as her only living child. I don't think there is a trickle down to grandchildren unless stipulated in a will.

I too suggest a lawyer. Maybe he can find a loop hole.
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Reply to JoAnn29
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worriedinCali Jun 7, 2019
actually the only living child won’t necessarily inherit everything. Each state has their own laws on this so her grandchild may entitled to part of the estate, and if she has siblings they too may be entitled to a portion of the estate.
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You will most likely need to set up a guardianship. As others have suggested, contact an elder law attorney who can walk you through this and prepare all of the instruments.
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Reply to Segoline
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If she’s mentally incompetent than she can’t assign POA or sign legal documents. If she didn’t assign anyone POA prior to becoming incompetent, you can’t set up a trust through an attorney.
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Reply to worriedinCali
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Contact an attorney who specializes in elder law and have them advise you. This needs to be done legally, following the laws in your state.
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Reply to Ahmijoy
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