How do I remove someone from my Mom's will if I have the POA? 19 Answers as of December 05, 2013

My mother had included myself and my brother in her last will and testament. I have her power of attorney because of a recent mental breakdown. My brother has been living at a shelter and put me on a list of people that are not allowed to receive information about him. My mother is suffering from severe dementia/Parkinson's and may not be able to put this in writing. My wife and I agree that my brother has distanced himself from me and has not been a part of our lives for years.

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Stephens Gourley & Bywater | David A. Stephens
Most powers of attorney do not allow the holder to amend wills. Unless this power of attorney gives you that right, you cannot amend the will.
Answer Applies to: Nevada
Replied: 12/5/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Generally YOU DON'T CHANGE YOUR MOM'S ESTATE PLAN WITH A POWER OF ATTORNEY. If your mom is not able to change her will with her full understanding it cannot be changed. If you try you will be subject to a lawsuit for illegally and fraudulently tampering with your mom's estate.you will be liable to your brother..
Answer Applies to: Michigan
Replied: 12/5/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
POA does not give you the power to change your mother's will. If your mother is now incapacitated, so that she does not have sufficient capacity to execute a new will, then her will is her will.
Answer Applies to: Oregon
Replied: 12/5/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Normally powers of attorney does not give the right to change a person's will. Check with the POA to see if that power is given to you.
Answer Applies to: Florida
Replied: 12/5/2013
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
Only the maker of the will can change the will, even if you have the maker's power of attorney.
Answer Applies to: Georgia
Replied: 12/5/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    The power of attorney does NOT authorize you to change your mother's will. You might consult a lawyer to see if it is possible that you could petition a court to exercise substituted judgment and revise the will. It is also possible that, after your mother's death, the probate court would permit you to change outright gifts to your brother into some sort of trust. Distancing himself from you does not mean that you get to decide that he should be disinherited.
    Answer Applies to: California
    Replied: 12/5/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    Unless the POA explicitly permits you to do estate planning for your mother, you have no authority of any kind to change your mother's will.
    Answer Applies to: California
    Replied: 12/5/2013
    Attorney At Law | James G. Maguire
    You can't use a POA to amend your mother's will. Only she can do that.
    Answer Applies to: Louisiana
    Replied: 12/5/2013
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    You can't. Your mother must be mentally competent to execute a Will.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No one can change a will except the person him- or herself. Power of attorney only grants you the authority to make the daily financial and/or health care decision that the person would have done him/herself if he/she was still competent. It does not allow you to "fix" things. Your brother will stay in her will until your mother decides otherwise.
    Answer Applies to: Nebraska
    Replied: 12/5/2013
    Gates' Law, PLLC | Thomas E. Gates
    You cannot alter a Will even if you have the Power of Attorney. You must follow the instructions in the Will as written.
    Answer Applies to: Washington
    Replied: 12/5/2013
    Frederick & Frederick PLC | James P Frederick
    This is not something that you can do under a POA. It is your mother's estate plan and not yours. Your relationship with your brother is not really relevant. It sounds like your brother is going to be entitled to half of the whatever estate is left. Assuming your mother has the necessary legal capacity, she is the only one who can change her Will. Furthermore, YOUR trying to do anything under the POA could result in damages against you for a breach of your fiduciary duties and self-dealing. This is not something you want to be a part of. If your mother lacks capacity, then you are stuck, at this point.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    A person having power of attorney from another cannot change her will without a specific clause in the power of attorney granting such authority, which would be highly irregular in most families.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Estrada Law P.C. | Michele Ungvarsky
    It would be very unusual that a POA allowed the agent to change wills. I doubt you will be able to change the will. Check with an Estate Planning Attorney.
    Answer Applies to: New Mexico
    Replied: 12/5/2013
    Bentley Law
    Bentley Law | Walter H. Bentley III
    You cannot change your mom's will based on having a Power of Attorney. Although you and your wife may agree he has distanced himself, the will reflects the wishes of your mother. If she has reached a point where she can no longer express her wishes then that document represents her last wishes and should be honored when she passes away.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It is nice that you and your wife think that your brother doesn't need anything. So you can exclude him from receiving anything from you in your will. Your mother on the other hand still wanted to give him something. Unless your POA gives you the power to modify her will, you cannot. Even if it did, I don't think the state's laws would allow it. So the short answer is, no, you can't.
    Answer Applies to: Idaho
    Replied: 12/5/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Sir, you do not remove anyone from your mother's will, and the Power of Attorney dies when your mother dies. You are advised to seek the services of a probate attorney who specializes in conservatorship proceedings and have your mother conserved with you being appointed as the conservator of your mother's person and estate.
    Answer Applies to: California
    Replied: 12/5/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You probably cannot. You should not absent specific court authority. As power of attorney you need to act in your mother's best interest, and not benefit personally. Speak with an attorney to see if guardianship and substituted judgment with a court order may be a viable option. This may be used in very limited circumstances, i.e. he stole and it was proven from your mother. This option needs to be done by the guardianship court. You will definitely need to retain experienced guardianship litigation counsel.
    Answer Applies to: Nevada
    Replied: 12/5/2013
    James Law Group
    James Law Group | Christine James
    The short answer is you cannot remove your brother from your mother's will. If she has dementia what is in the document is what will stand. I wouldn't recommend even trying as it will come back to haunt you later.
    Answer Applies to: California
    Replied: 12/5/2013
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