Question for you legal eagles out there....

[Solid Snake]

I have a couple of questions regarding the situation with my grandmother who we just moved into assisted living, my mother, and my uncle. He has been floating the idea of taking her to his property for a couple days "so she can relax". We think he just wants to get her alone and get in her head. My mother has power of attorney over her, I am the backup power of attorney. My mother is the executor of her will, my uncle is backup executor (will was made 13 years ago).
Today, my mom got a text from him asking who had power of attorney over her. My mom replied "I do, why?" She got no response.

Question #1: Can my mother legally be the power of attorney over my grandmother AND be the executor of her will? Or would that create a conflict of interest or something?

Question #2: Should my grandmother pass away, she will be leaving behind a CD account with not a huge amount of money in it. She sold her house to my mother years ago when my grandfather was starting to lose his sanity, so the house is not in the will. My question is this, what could my uncle possibly be looking to leverage here?

[Bluntforce]

It (POA) could be as simple as a middle finger to your mother, wish to dictate funeral arrangements or get the CD on principle. POA being that burning of an issue may indicate a belief on his part of additional accounts or land. You should check into that and make sure he never takes her anywhere or better yet is never allowed around her alone. If you could get him trespassed off the grounds and cut off his electronic contact with her (GM) everyone’s life (except maybe his) will be better.

[Solid Snake]

It (POA) could be as simple as a middle finger to your mother, wish to dictate funeral arrangements or get the CD on principle. It being that burning of an issue may indicate a belief on his part of additional accounts or land. You should check into that and make sure he never takes her anywhere or better yet is never allowed around her alone. If you could get him trespassed off the grounds and cut off electronic contact with her everyone’s life (except maybe his) will be better.

I doubt grandma will take him up on his offer to go out to his property for a few days just because she's just too weak and frail at this point. But the move to the nursing home is still fresh to where she is slightly resentful to my mom for "making her move there". I'm sure that will pass. I don't think we can get my uncle trespassed since he hasn't done anything overtly deceptive. But I appreciate your input. And my uncle was always (and maybe still is) a good guy. His wife (I refuse to call her my aunt) is a total bitch. I think she is the one pulling the strings.

[Bluntforce]

My aunt’s husband was much the same.

[4thIDvet]

I watched from the sidelines a family both good friends of mine where one side got Grandma (alone). The alone side had Grandma sign a new will to supersede any and all other wills giving every damn thing to them. A high end paid off home $$ insurance policies down to her toothbrush to them. The other side got nothing nada.
Grandma did not know what she was signing and her signature looked like scribble but it worked for court. Some families turn into animals if their is even one dollar involved. My sister father and niece showed me how its done. I left Conn. with nothing from the family estate. My sister blew everything and I am doing just fine without them..

[Sanders]

I watched from the sidelines a family both good friends of mine where one side got Grandma (alone). The alone side had Grandma sign a new will to supersede any and all other wills giving every damn thing to them. A high end paid off home $$ insurance policies down to her toothbrush to them. The other side got nothing nada.
Grandma did not know what she was signing and her signature looked like scribble but it worked for court. Some families turn into animals if their is even one dollar involved. My sister father and niece showed me how its done. I left Conn. with nothing from the family estate. My sister blew everything and I am doing just fine without them..

This.

Never let him alone with her. Sounds like he is after anything he can get and may very well pull the old, "Sign this, Mom" trick, which could be a new will giving him everything and/or general power of Attorney. Same thing happened to my mom's great aunt with her cousin's ex wife. Her cousin was dead. The aunt had dementia and was in a home and had quite a fortune (she had one of the first houses in a new development called, "Malibu Beach" and sold it for more than $1 million). Anyway, this woman, who the aunt had once described as her enemy showed up at the nursing home with a slimy lawyer and had the aunt make her the executor and the primary recipient of her fortune in the new will. Nobody in the family had the resources for a long, drawn out probate battle, so she got it all.

Regarding #1, my wife had PoA for her father and was the Executor of his will. Nobody had a problem with it.

[Solid Snake]

There is not much he can get my grandmother sign away. I'm thinking that he didn't know her house was in my mom's name. I asked my mom last night, "Does he know that the house is no longer hers, that you are the actual owner now?" She replied, "He does now."

[aviator]

If your grandmother signs another POA to him, he can use it. Now having a POA is not just for getting her assets but for helping take care of her, like if she needs to go into a hospital, or nursing facility, One CD for a couple thousand dollars and no property...let him be the executor of the will and go to court. He will have to get a probate attorney which may cost him more than the money in the CD. When he's faced with the expenses you'll see how fast he backs out. Here one probate case could go as high at $50,000.

[Johnny]

My wife used to volunteer for Hospice. She saw a lot of ugliness from "loving" family members. Her very last case, the family got a POA put mom in a nursing home years before she needed to. They emptied her accounts and rented out her house. The mother was an absolute saint, loved her kids dearly, and had no clue how badly she'd been scammed.

As for MY family members, most are people you wouldn't even want as acquaintances. My nieces and nephews are the worst. We haven't seen most of them in decades. Every once in a while, they try to re-establish contact. We always politely decline. The ONE exception we made was having a niece and nephew stay for the weekend. Wife and I planned a canoe trip and big feasts. In the end, the kids (early 20's) were no fun at all: rude, sullen and distant. All they wanted to do was play with their phones.

[merc]

I know criminal law and 4th , 5th and 6th
Amendment issues backwards , forward ,
and sideways .

Civil law is a much different animal .
I would suggest GARANDNUT .

MERC

[GARANDNUT]

I have a couple of questions regarding the situation with my grandmother who we just moved into assisted living, my mother, and my uncle. He has been floating the idea of taking her to his property for a couple days "so she can relax". We think he just wants to get her alone and get in her head. My mother has power of attorney over her, I am the backup power of attorney. My mother is the executor of her will, my uncle is backup executor (will was made 13 years ago).
Today, my mom got a text from him asking who had power of attorney over her. My mom replied "I do, why?" She got no response.

Question #1: Can my mother legally be the power of attorney over my grandmother AND be the executor of her will? Or would that create a conflict of interest or something?

Question #2: Should my grandmother pass away, she will be leaving behind a CD account with not a huge amount of money in it. She sold her house to my mother years ago when my grandfather was starting to lose his sanity, so the house is not in the will. My question is this, what could my uncle possibly be looking to leverage here?

Law is jurisdictional. That said,

1. it is not a conflict of interest to be both a POA and executrix in a will. This is common when you do wills and POAs for husband and wife.

2. the uncle's motivation is unknown. However, he may try to convince her to change her POA. Depending on where the CDs are and what kind of account it is in, he might attempt to get her to create a survivorship right on the account so at her death the money will be his. If your mother is not competent then you need to watch out for undue influence. If she is competent there is nothing preventing her from changing the POA attorneys in fact and naming him and creating the survivorship right on the account. In some states an account with a survivorship right passes outside of the Will at death and is not part of the estate. I would go to Grok and ask it how your state treats survivorship rights. Grok is pretty accurate and you can then verify the advice by pulling whatever code provision or case it sites as the authority on the issue. IF you are really concerned I would discuss the issue with an attorney that handles estates.