Legal Question in Wills and Trusts in Georgia
POA and Wills
My Grandmother passed away from Altzheimer's Disease. Before she passed away, my father was granted durable general power of attorney. He was also named as Executor of her estate in her will. My father executed a deed to state that 1/2 of his mother's home was left to him and the other 1/2 of the property was left to his mother's roommate. In my Grandmother's will, it stated that her roommate was to acquire the home. The will was created only 6 months before my father obtained POA. My Grandmother's roommate has now hired an attorney 10 years later stating that my father did not have the power to authorize this deed because it altered the terms of the will. Is there anything that we can do without having to go back and prove that my Grandmother was incompetent at the time the will was written especially since he had POA and was the Executor of the will? Please help!
1 Answer from Attorneys
Re: POA and Wills
You question leaves out some important information--when did your grandmother pass away, was her will admitted to probate, and when did the roommate find out about the deed and the provisions of the will.
If these happened long enough ago, it would be too late for the roommate to challenge the deed. You should take this matter to a lawyer to analyze all the facts and advise you.
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