QUESTION

We are very suspicious a family member coerced an elder relative to change their will a year ago. How do we get a copy of that older will?

Asked on Jun 07th, 2019 on Wills and Probate - New York
More details to this question:
My wife's uncle is very rich and now in a VA nursing home. My wife and brothers were the main beneficiaries. He was living with his sister for a few years. We are certain she had the will changed as the POA, another brother, confirmed it. He also lives with her and does anything she wants regarding the money. He also verified that she now is blackmailing him because they changed the will and we're pretty sure other things concerning the money, with his name on it as POA. So he basically admitted they were doing hanky panky with their brothers millions. There are many other instances that confirms are belief.
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3 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
You cannot get a copy of the will until it is probated.  If you suspect abuse, call Adult Protectice Services in the county in VA to investigate.  If you suspect financial abuse, consider bringing a guardianship proceeding in VA.
Answered on Jun 09th, 2019 at 6:57 AM

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Wills Attorney serving Austin, TX
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No one can change a Will but the person who wrote it.  Nor is anyone else entitled to a copy or a current or a previous Will.  A Will does not become a public document until after death, when it is submitted to a court for probate (proving).   If you have evidence tending to prove that the agent under a Durable Power of Attorney has used money other than in your wife's uncle's best interest, contact a local fiduciary litigator.
Answered on Jun 08th, 2019 at 5:26 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.

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Wills Attorney serving Austin, TX
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No one can change a Will except the testator.  An agent under a Durable Power of Attorney can access funds, etc. but not change a Will. A Will does not become a public document until it is filed with the court.  If the person who wrote it will not show you his Will, you cannot see it.   However, if you have evidence tending to prove that the agent under your wife's uncle's Durable Power of Attorney has used funds other than in his best interest, you may want to contact a lawyer who does fiduciary litigation or an elder lawyer.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Jun 08th, 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.

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