Legal Question in Wills and Trusts in Florida
will
my mother has alzheimers real bad and a will and living will were written with dad sane and mom. Dad died 06/01/07 my one sister is executor and I'm second . Today I found out she went to the bank to get a new will notarized taking me out and putting in another sister with out my consent . As executor can she sign under my mothers name (because of the alzheimers she signs for mom. ) can she take me off my mothers will and living will ?
2 Answers from Attorneys
Re: will
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I have a feeling you may have confused the facts. Being named as the executor on a will does not vest any powers in your sister while your mother is alive. Your sister will not have any legal authority to act until mom passes away and she is legally appointed by a court.
If your sister did anything improper, then you can challange it when the time comes. Unless she has a power of attorney she does not have any authority to act on behalf of your mom.
Scott R. Jay, Esq.