Legal Question in Wills and Trusts in Maryland

My father pick someone other than me as power of attorney and beneficiary. But he wrote a will. Can the power of attorney reject my dad's wishes and keep everything for himself .


Asked on 4/14/14, 4:03 pm

1 Answer from Attorneys

Thomas Valkenet Young & Valkenet

A very common question. A power of attorney only operates while your father is alive. Immediately upon his death, the power of attorney is no longer effective. Upon death, it is solely the Will that controls, and once the Personal Representative is appointed, they must operate pursuant to the terms of the Will.

Just remember this: Power of attorney for living folks, and Wills for dead folks.

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Answered on 4/14/14, 6:15 pm


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