Person withholding Will from Beneficiary

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Person withholding Will from Beneficiary

Grandmother has dementia. Grandfather recently died. Her youngest daughter Sherry has the bank book because grandfather let her have power of attorney over him. Buddie Son is the beneficiary on the Will after grandmother dies. Sherry feels that since grandmother is still alive she doesn’t have to provide the bank book or the notarized version of the Will. Is this correct? She had power of attorney over grandfather but not grandmother.

Asked on October 1, 2018 under Estate Planning, Oregon

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your loss.  So a few basics.  A Power of Attorney dies with the person for whom it is put in place.  In other words, her daughter is no longer the power of attorney for her Father.  If her Mother has dementia then she can not execute one at this point.  Someone needs to apply to be her conservator and guardian.  Now, as for the Will.  Your Grandmother being alive is not the issue.  It needs to be offered for Probate and yes, all beneficairies receive a copy.  If she has it I am assuming she is the Executor?  You can file a proceeding to compel her to act.  Good luck.


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