about the law?

Question

a lot of people told me it would be very easy to null@void my legel papers such as power of the atorney and my will how would i do that? need one or two witness ?

i meant to say the power of the attorney

i am not in the united states in ontario canada

Answer 1

First, I am a lawyer, but I cannot advise you as to the law in any state except Illinois or NY. However, I can generally say that the way to void a will is to make a new will, the first thing a new will usually says is that it is your last will and testament and that you hereby revoke all prior wills and codicils. That would effectively void any earlier will. As to a power of attorney, they usually say they are revocable at any time and only become irrevocable at the time you become incapacitated....assuming the power has been delivered to somebody, all you need do is send them a notarized letter (with a return receipt request through the post office AND keeping a copy of the letter for yourself with the receipt) advising them that you have revoked the power of attorney. You could also take out a public notice in the paper telling the world you have revoked it and that its null and void--you, of course, keep a copy of the notice from the paper and the cancelled check paying for the notice. Another way to revoke a power would be to make a new power of attorney. The document with the most recent date is presumed to be the effective power of attorney, revoking all prior powers.

Answer 2

The easiest way to revoke a power of attorney or a will is to make it clear that you no longer want it to be in effect. Cross an X through the original and rip it in two. Keep the original as proof that you revoked it rather than lost it. These acts will prove your intent to revoke the document. Do it in front of a witness so that Cousin Bill can not later claim that Cousin Zeke defaced the document without your knowledge or approval.
If the power of attorney has been used (at a bank, for example), you need to contact the bank and advise them that you have revoked the power.

Answer 3

You need a lawyer familar with the terms of your states laws. Having a power of attorney and a will are very valuable documents and can prevent alot of hassles should somthing happen. (For example, your money and pocessions pass w/o issue to your family.)

I do not recomind getting rid of these documents. If you believe the person you have desigated is not to be trusted, you can have them amended but you need a lawyer to do that.

Answer 4

ask a lawyer.