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Still confused about grandpa's death and estate.?


Here's the summary. If anybody knows much on the subject, I would love to speak with them in greater detail.

Papa's friend loaned Papa thousands of dollars to buy a house and land. There was a promissory note to serve as documentation.

Papa died in February this year. Nobody informed me. I found out when I went to visit in March. A week or two before he died, Papa gave my uncle Power of Attorney. The next day, my uncle signed the house over to himself, ignoring the fact that money was still owed to Papa's friend.

Papa's friend died in March and left the promissory note to me. The intention was for me to collect the money owed from Papa's estate. He (the friend) thought I should be able to put a lien on the property if my uncle refused to pay.

See my questions in the additional comments below:

What the chances are that the promissory note is worth anything since the property became my uncle's before Papa's death.

How can I find a copy of my grandpa's will (Would it have to be filed with the county somewhere?) I know he had one, but when I called the county clerk's office I learned that there was no probate on the estate.

And ...

Would having power of attorney give my uncle the right to do what he wanted with the estate, regardless of what the will said?

First of all let me say I am very sorry to hear of your loss.I think the promissory note is only for the original intended and not a second party (you) but you might ask an attorney and there is free legal advice on the web somewhere.

Yes, a power of attorney can screw anyone before the person dies. So even though the will says one thing,unless you have a copy of it..you are screwed.

If the estate (In Texas) is $250,000 or less you don't have to probate a will. That is all I know, but if you want to be sure try to find a free legal service to ans your questions in your state.
Good luck - been there, done that and there is nothing more frustrating that ignorant greedy people.

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