QUESTION
Is it legal to change an ill persons will?
Asked on Jul 19th, 2011 on Estate Planning - Georgia
More details to this question:
My father had a bad stroke 1 1/2 years ago. His wife was ailing so she gave her daughter power of attorney to take care of their finances. A year after the stroke the daughters took him somewhere and changed his will and life insurance so she gets everything. Before the stroke he knew their mother for almost 30 years and never wanted to give them anything of his. Their mother died in Jan and now this woman says she has the power to do anything she wishes and will not show me any paperwork, power of att, life ins policy or anything. Is what she did legal and hold up in court?
3 ANSWERS
Shadi Ala'i AlaiShaffer
It is difficult to say. They may be a claim of Elder Abuse but you really need to seek the advice of an attorney. The only way an attorney can advise you is based on the facts, documents, and other information you provide. This is a tough one but I suggest you get a consultation from an Estate Planning Attorney and see what your options are....
Answered on Jul 22nd, 2011 at 10:02 AM
A person must have "capacity" in order to execute a will or other testamentary instrument. The only exception is in the case of a conservator who is supervised by the court. A power of attorney does not give a party the power to draft new wills. You may want to find the assistance of an attorney who specializes in Estate litigation. Good luck!
Answered on Jul 21st, 2011 at 12:19 PM
Glen Edward Ashman
There is no way to answer based on the limited info you posted. If you feel something is being done improperly, you need to obtain a probate lawyer. Deadlines are short, so you could lose rights by delaying.
Answered on Jul 21st, 2011 at 9:53 AM