QUESTION
Does the person with durable power of attorney have a legal right to a copy of a will/trust?
Asked on Dec 28th, 2019 on Wills and Probate - Oregon
More details to this question:
I was told by my parents that I was the durable power of attorney on their will/trust. My mother passed away 6 months ago and my father who has dementia has never carried out her wishes and has said things like he is cutting everyone out of the will. Do I have a legal right to a copy of the will/trust?
1 ANSWER
2 Awards
A Durable Power of Attorney is effective only when the person is alive. It has nothing to do with a Will, which is carried out by an executor, or a trust, which is administered by a trustee.
If you believe that your mother left a Will shich should be submitted for probate but do not have that Will or a copy of it, hire a local probate attorney to file an Application for Heirship determination. Note that unless your mother has children who are not the children of her current husband, he will be the heir.
Answered on Dec 29th, 2019 at 5:06 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.