Legal Question in Wills and Trusts in Kansas
My Father passed away four years ago with a valid will in place. His and my mothers will(s) were fairly simple as it directed all assets to be divided equally between my sister and myself. I have thought nothing about the issue since my mother is alive and well (assets naturally would still belong to her), but I came across some disturbing documents when I unpacked her last year year when she moved into a smaller home. First there was a 40 page Durable Power of Attorney in my name granting her and my sister as Agents effective immediately (not upon incapacity but as of the date it was signed). I have seen POA's and this one was very well done. In fact, after studying it I can honestly say that there is not a single aspect/piece of my life now or in the future that a then acting Agent wouldn't be able to control. My signature is on it, the date the document was signed was three days after my Fathers death. I have no recollection of signing it, only a vague recollection of someone putting a document in front of me. I know that it could be declared invalid since it was created under duress and without my consent (let alone explained to me), but I'm scare... I revoked it when I found it a year ago but it states that "anyone can rely on a copy as an original", and if revoked, "the letter of revocation must be attached to the document". The Attorney that created it at my mothers request told me that there was only one original and that my mother was the only one that needed the letter of revocation. I happen to know that although she denies it, my sister has a copy of it and at least one other exists. Basically, a POA was created and notarized behind my back and I fear that it may always haunt me. I also found a Trust that within it, revokes any priors and gives everything to my sister. My mother and sister deny the existence of this document and I do not have a copy. Needless to say, my relationship with both of them is not very good. Other family members that I've mentioned this to do not seem to be surprised... a lot of them thought that she married my father for money (did I mention that my sister is my half sister?... from moms previous marriage). Has anyone heard of a similar situation?
1 Answer from Attorneys
Yes. People get duped into signing away their rights nearly every day.
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