Legal Question in Wills and Trusts in Louisiana
Legal Will vs. Power of Attorney
I live in Louisiana and my grandma just died. She has a legal will that states all of her assets, monies, and property goes to me following her death, which I have a copy of. My aunt made her sign papers making her POA a week before she died. My aunt has spent the majority of the money that was in my grandma's account, on her(my aunt's) business. Does the fact that my grandma made my aunt POA, a week before she died, make the will void?
1 Answer from Attorneys
Re: Legal Will vs. Power of Attorney
No it does not void the will.
Further, a power of attorney gives the "attorney" (your aunt) no more power than the principal (your grandmother). As such, it expired the moment your grandmother died.
By law the "attorney" has a fiduciary duty to act in the best interest of the principal. Contact a lawyer to discuss both the succession & to see if you can collect from your aunt for her mismanagement of your grandmother's property.
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