Is it legal to change an ill persons will? 6 Answers as of July 22, 2011

My father had a bad stroke 1 1/2 years ago. His wife was ailing so she gave her daughter power of attorney to take care of their finances. A year after the stroke the daughters took him somewhere and changed his will and life insurance so she gets everything. Before the stroke he knew their mother for almost 30 years and never wanted to give them anything of his. Their mother died in Jan and now this woman says she has the power to do anything she wishes and will not show me any paperwork, power of att, life ins policy or anything. Is what she did legal and hold up in court?

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Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
It is difficult to say. They may be a claim of Elder Abuse but you really need to seek the advice of an attorney. The only way an attorney can advise you is based on the facts, documents, and other information you provide. This is a tough one but I suggest you get a consultation from an Estate Planning Attorney and see what your options are....
Answer Applies to: California
Replied: 7/22/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You will need to speak with an Estate Planning and Probate Attorney. There may be important deadlines so you should bring all of your paperwork and information in order to determine the legalities of what happened.
Answer Applies to: New Hampshire
Replied: 7/21/2011
Raxter Law
Raxter Law | Jeremiah Raxter
A person must have "capacity" in order to execute a will or other testamentary instrument. The only exception is in the case of a conservator who is supervised by the court. A power of attorney does not give a party the power to draft new wills. You may want to find the assistance of an attorney who specializes in Estate litigation. Good luck!
Answer Applies to: California
Replied: 7/21/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
I'm assuming your father is still alive. The key question here is whether your father was competent and free of undue influence when he changed the will. If he was then there is little you can do. If you can prove otherwise you should contact an attorney to discuss your rights.
Answer Applies to: Connecticut
Replied: 7/21/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
There is no way to answer based on the limited info you posted. If you feel something is being done improperly, you need to obtain a probate lawyer. Deadlines are short, so you could lose rights by delaying.
Answer Applies to: Georgia
Replied: 7/21/2011
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