Can a power of attorney change someone’s Will?

Approximately 25 years ago my grandparents bought CD’s and placed them in my name upon their death. My grandfather died in 2002. My grandmothers niece (caregiver) changed the Will in 2008 changing the name on the CD’s or cashed them in I’m not sure. She was given power of attorney in 2008. My grandmother passed 5 days ago and I can get no answers from her (caregiver). It there anything I can do? Can I get copies of the Will?

Asked on July 26, 2010 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to go and see an attorney as soon as you can.   Things do not sound right.  It is unclear how the CD's were held.  If they were held in your Grandparent's names until both of them died and then were to be turned over to you payable on death, then it is likely that how they were held was able to be changed by a Power of attorney or even cashed in with one. They were not really yours until both your grandparents died and if the asset was used by them prior to their death then you would have been out of luck.  If you believe, though,  that she embezzled from the estate or "dissipated assets and acted outside the scope of the power of attorney, then she can be held accountable to the estate.  Someone has to be appointed as the personal representative and then that person will take action under the law.  Good luck.  


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