Law Professionals Only,Probate Question ?

Question

What happens if one sibling contests the power of attorney ,on basis because they want to be power of attorney? If one sibling is contesting that power of attorney is incapable of handeling the will, even though this sibling is lying, then what? How about if this sibling who is contesting this, and refusing to sign the probate papers, is Mentally ill, and making up stories about power of attorney, just to take control, then what? There are three siblings here, and only one is refusing to sign the papers, as well as trying to declare power of attorney incompetent. How long will probate be then, if this occurs, since bills and everything else must be paid? The will is clear, and states exactly what it wants, however there is no end clause in it. Please don't reply if you don't know, or a non-professional in this field. All scams and odd replies will be reported. Thanks

Answer 1

You are confused. A power of attorney ends on the death of the principal. A will has no effect until the death of the testator, at which point there is a short period to file for probate of the will.

If there is a challenge to the will alleging that the testator was incompetent at the time the will was drawn up, there should be a prompt hearing on the question. There is no requirement that all the heirs or beneficiaries of the will assent to the will, it only makes the probate a bit longer and more expensive.

If there is an attorney representing the estate, s/he should be moving the matter along.