Complete answers to your question require much more information after a lengthy conversation between your mother and an attorney. If she has a power of attorney from her husband, that will be valid until he dies and the Will controls most things after his death. But, an attorney will need to review what other assets exist to determine whether the Will controls. And, of course, if he is still legally competent, the husband can revoke the power of attorney and change the Will if he chooses. Your mother's legal options are either to file for divorce or request to be appointed her husband's legal guardian if he is not legally competent. Choosing one of those options, or doing nothing, requires her to get the advice and assistance of an attorney.
Answered on Nov 19th, 2012 at 11:04 PM