What to do if my mom is getting really sick and thinks she did a Will but she isn’t quite sure?

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What to do if my mom is getting really sick and thinks she did a Will but she isn’t quite sure?

She gave me the power of attorney. Can you tell me how I can look to see if there is a copy of her Will that I can obtain? Also, in the case that she passes away and there is no Will present, what will happen to her home?

Asked on February 8, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation. If ther is no Will then the intestacy statutes in your state will govern how your Mother's estate will be divided. But you need to get some legal help here as soon as you can.  If she wants to make a Will and she still has the mental capacity to do so, do it now.  She can tell the lawyer what she wants and revoke the prior Will.  One needs to know a little more about your entire situation in order to know how to help you further.  Possibly transferring the property before she passes?  There are also certain money matters you need to take care of now.  Please get help.  Good luck. 


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