Me1000 Asked August 2014
Should POA have a copy of the Will?
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Who lives in another state? POA I believe didn't have a copy of the first one according to my grandpa and has been kept in a safe place where only POA and him can get it- it was also signed and sealed. Same as updated WILL. POA has to come here either way to put it through Probate when grandpa dies. POA is upset at changes made to his will. No he didnt cut her out, she gets even more!! Just a question for overall does she get a copy? Oh Im listed as second "in case" person to put his will through ( POA is first) in case POA cant. But I dont want his will at my house I feel that its his and safe where its at, when he passes then can she or me put our hands on it and put it through court. Am I wrong?
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Are you talking about the executor named in a will?
Power of Attorney. This is authorisation given to one named person by another to act on his or her behalf and in his or her best interests. It expires when the person giving it expires.
A will is a document detailing how a person (the testator) wishes his or her estate to be disposed of after death. A will names another person, the executor, who is to be responsible for ensuring that those wishes are carried out.
Very often, and not surprisingly, a parent will select a sensible grown up child whom he or she trusts to do both of these jobs; so it follows that often the POA and the executor are, coincidentally, the same person. But POA and wills are completely unconnected things.
By the way, POA does not have to be given to a family member, although it often is. An executor does not have to be a child, although it often is. And neither role can be forced on anybody. Nobody has to accept POA, and nobody has to consent to act as executor. These are formal legal agreements that require the formal, informed consent of all parties to them.
Hence, there is no reason in principle why a POA should have a copy of a will. The contents of a will are no more the POA's business than they are anybody else's. Right up until the moment of death, any competent adult is perfectly entitled to alter his will and leave his entire estate - should he be so inclined - to the Philatelic Society or Battersea Dogs' Home. Moreoever, the contents of a will need not be divulged to anybody. The testator is entirely within his rights to keep it secret. Equally, he is entitled to publish it in the New York Times if he likes. He can please himself.
Look, rather than mess about and worry, and assuming your father's will was drawn up and dealt with by an attorney, why not just leave one copy in the attorney's safekeeping?
A properly drawn up, properly witnessed will that does not contain any startling new bequests, inexplicable changes of heart or puzzling omissions is extremely hard to challenge successfully. It is also possible - I am NOT recommending this, only mentioning it - to include a clause that forbids court action on pain of forfeiting a legacy; but then that really is the sort of thing that leads to the entire estate disappearing into lawyers' pension pots and piggy banks.
I don't blame you for finding this a minefield, and I don't blame your sister for feeling upset if she believes (rightly or wrongly) that she's being hard done by. Actually, if blame's the word, I blame your grandpa for messing around and trying to keep everybody happy. The business-like thing to do is to talk through his affairs with his attorney, and then make clear, final decisions as to how he would like his estate to be distributed. No arguments, no nonsense, you all accept his wishes with good grace.
Countrymouse- Thank you for all your info. And My grandpa changed the WILL but his daughter, my Aunt is the one who is worried and upset because the old will stated she got everything about and it was a verbal agreement for my home and kids tuition. Thats what I thought that neither one of us needs it in our possession!!Great idea on leaving a copy at the lawyers office, yes, it was lawyers and two witness who were there and completed and signed the will along with my grandpa.
DaveIFM, I do understand what POA means I asked this before here and researched it. And I know what a WILL is. I also know what executor named in a WILL is. Let me re-say what I mean....
1) Aunt is POA
2) Aunt is FIRST Executor
3) I am SECOND Executor if anything shall happen to my Aunt or she cant
4) On the WILL I was curious if My Aunt or anyone else should have a copy of it. I do not want a copy of it as it belongs only with grandpa or like CM said, lawyers office! My Aunt wants a copy of the WILL.
5) I was curious if anyone can challenge a WILL for any reason. No, I dont want to challenge it, however my grandpas Updated WILL states is what he wants. But Im talking a couple relatives who may not be so happy because they aren't getting it all!!!
sheilaluc, yes there is help! In the WILL it has specific questions like who he wants to be Executor ,POA,Medical POA, Beneficiary, Bank Accounts and Properties to be divided. Your dad can do it from Legal online place( they delete my links so you will have to google it), but in the long run its better to have a lawyer help. In your area Google Lawyers and see who does WILLS and prices. Alo the Rehab might be able to help you in the right direction, the Social Worker there? Good luck!!! Also, call your local meals on wheels and see what the plans are from the team at the rehab for home care with your dad!
Most states will have websites where you can download POA and Living Will documents, etc, to safeguard your loved ones
If the will was drafted by an attorney, it is doubtful there are a whole bunch of strings attached to inheriting the house. Most attorneys would strongly discourage same. And most people end up taking their attorney's advice. As to its validity, if the ATTORNEY made some fatal error, or gramps wasn't truthful about a child he had or one that he intended to disinherit, then it's possible the will could be contested. It's a very expensive process for the contestor, and unless LOTS of money is involved, it's rarely done.
If you don't want to do that, you say he's "practically bedridden." If he isn't of clear mind, first of all, an attorney isn't going to want to be a party to any legal documents you may wish him to prepare. If he is? Then if he can get into a wheelchair with assistance? He can go see an attorney where there are handicap facilities. Hire a MediVan. Cost will depend on distance.
If dad can't afford an attorney, he may be able to get a financial power of attorney and healthcare power of attorney prepared right at the nursing home. As to a will? I have no idea where you'd find one who'd work for free. It may be in YOUR best interests to pay for this on dad's behalf.