What to do if my mom’s Will was not registered and my sister was POA and took everything and now won’t show us the so-called Will that she has?

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What to do if my mom’s Will was not registered and my sister was POA and took everything and now won’t show us the so-called Will that she has?

My mom passed on 02/11. She left behind 5 children, 1 of whom was one POA. That child, my sister, re-wrote my mom’s Will from the original Will and changed the POA to herself on 01/21. At that time, mom lacked the mental capacity to do so and my sister took everything. My mom didn’t have much but memories are priceless. She told me on many occasions that she did will her car to her grandson. None of her other 4 children has even seen this so called Will. We would like to have some of mom memories and to see the Will.

Asked on March 24, 2018 under Estate Planning, Delaware

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation.  You should have gotten a copy of the Will - whichever Will was probated - because you are children of the decedent.  If the Will was probated then you can view it in the Probate Court.  I would take a copy and seek legal help.  What you wish to do is set aside the Will that your sister altered and have her removed as Execitrix (not POA) and reinstate the former Will if you can find it.  It is a compicated process and you will need legal help.  Good luck.


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