if someon writes a will in his sound mine and later comes down with alltimers and his wife becomes power of attorney over his estate can she change the will after or before his death?
2007-06-03 04:30:23 · 5 answers · asked by jimmy a 1 in Family & Relationships ➔ Marriage & Divorce
Not legally since he no longer has control ovr his decisions, the first will will stand before any others after it. Only he can change it and not the power of attorney. The power of attorney only overses the estate and the contents of the will are carried out legally.Now you can go to court and have him ruled totally incompetent but you will still have to show that he actually willfully and wanted to change his will before his illness and that wont be easy.
2007-06-03 04:37:23 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
It depends, if he gave his wife financial power of attorney. In that case he would have to be deemed incapable of making decisions and a doctor would have to have made a diagnosis of Alzheimer's.
Depending on the state a court order to give guardianship to the wife would allow her to do anything on his behalf including changing the will.
2007-06-03 11:38:29 · answer #2 · answered by luteachris 4 · 0⤊ 0⤋
not unless you sign it
hence why it's prudent that the will be iron clad and video taped to DVD with a copy kept in a security box or back up with your attorney, or an irrevocable trust set up ( as this is better than a will and avoid probate and estate taxes )
2007-06-03 11:36:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
power of attorney dose not give you the right to change will..
2007-06-03 11:43:57 · answer #4 · answered by larry B 4 · 0⤊ 0⤋
no
2007-06-03 11:38:57 · answer #5 · answered by Lydia 7 · 0⤊ 0⤋