If my father had power of attorney and executor of my grandmother’s Will but she changed them without him knowing, is that legal?

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If my father had power of attorney and executor of my grandmother’s Will but she changed them without him knowing, is that legal?

Will filed almost 4 years ago listing my father as executor; she also signed that day power of attorney and health care poxy. Less then a month before her passing everything was changed to a stranger.

Asked on November 1, 2011 under Estate Planning, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 10 years ago | Contributor

It sounds as though you have a case of a "death bed will". , which is a legal way of saying that somebody changed their will at the last moment.  Unfortunately, this happens all the time.  It is legal to change a will and a poa without telling anyone.  However, a death bed will is not always legal.  In order for a person to execute a will, the person must be competent and not under undue influence.  In addition, as I can understand from your post, the will that you knew about was probated 4 years ago.  If this is the case and the executor was appointed and administered the estate, this poses a whole other set of issues.  Also, another issue is where was the will found? Call a lawyer quickly before the will that you did not know about is admitted to probate.  There are strategic ways of handling this. I give a free consultation.

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