Can a power of attorney change someone’s Will?

UPDATED: Jul 26, 2010

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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


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

Answered 12 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.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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