Legal Question in Wills and Trusts in Florida

my father in-law recentely passed. He has 4 children from his first marriage and one from his current wife who he was married to for 42 years, she has a living son from her first marriage also.

He had a will that was made when he was of sound mind and body. He was diagnosed with cancer and she was given power of attorney. Does she have the right to exclude the first children from the original will and rewrite the will giving everything to herself , her son from her first marriage and the son they had together? They lived in Wisc.


Asked on 5/31/10, 2:12 pm

2 Answers from Attorneys
John Harmon The Law Office of John W. Harmon

A person with durable power of attorney can not create a will for another. Though there are other ways the power of attorney could change things such as; where assets are located, and who has ownership. All this changes must take place during the life time of the person who created the power of attorney.

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Answered on 5/31/10, 5:55 pm
Lesly Longa Longa Law P.A.

The POA does not give her the right to write a new will for him, and her authority to act on his behalf through the POA ended at his death. The POA is no longer enforceable. Wisconsin law will apply, so if you wish to contest the will you need to contact an attorney licensed in that state. Regards,

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Answered on 6/01/10, 8:34 am


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