Legal Question in Wills and Trusts in Massachusetts
If a person was given power of attorney, can they change that person's will?
Also is a power of attorney such a document that it can not be shown to another person?
When my mother signed her power of attorney, my sister told me that the lawyer told my mother it was not to be seen by anyone, not even another member of the family.
I was also told I could not see a copy of the will that was signed by my mother (who died in May of 2011). The lawyer who supposedly wrote the will, when asked by me, said that was her final wishes and when I repeatedly asked for a signed copy he said that what I had was her final wishes.
Could this mean she passed without signing the copy of what is being presented as her last will?
1 Answer from Attorneys
It is possible for a person with a power of attorney to change a person's will. However, this can only be done while the person is living. Once a person dies, a power of attorney is void. A power of attorney can't be used unless it is shown to other people. However, it should only be shown when the power is exercised. Showing it to a family member just for them to see it is not appropriate. A will must be filed with the probate court within thirty days after death. Once it is filed, it is a public record and you can see it by going to the court house. If no probate has been filed, then you should assume that there is no will and you can file an administration of your mother's estate. You should consult an attorney to assist you with this matter.
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