Legal Question in Wills and Trusts in Missouri
Contesting Will & POA due to duress/medication
My unmarried Dad died 8/05. Signed a will and POA while in the hospital on many medications inc. morphine. Allegedly Will gave everything to his live in girlfriend, including home, to which only he is in title w/ a cosigner on mortgage. Girlfriend is somewhat mentally impaired. She moved out of residence & is giving away his items, that he gave her verbal instructions to distribute if she were to move. POA (a friend @ that friends request to be POA) after his death cleaned out Dad's bank account and removed valuables from home while girlfriend was away. These were to be Girlfriend's. Girlfriend's sister is now trying to become the Executrix of his will. What happens if sister doesn't mention Dads' children? Do I as daughter have more right to become Executrix? Is there a Power of attorney that gave the POA a right to clean out account? What legal right do we have to go after the POA? How can I keep the Girlfriend from giving all my Dads' stuff away? Or does she have the right to give it all away? We also have to deal with the property. Its alot, can you lead me in the right direction? Thank You
2 Answers from Attorneys
Re: Contesting Will & POA due to duress/medication
In Missouri, a POA extinguishes at the moment of death, with a few exceptions. Under the facts you describe, the person who gave away the decedent's property after his death, stole them. Those who got this property, have received stolen property.
The Personal Representative (what you cal Executrix) has the power and duty to seek to bring that prroperty back into the estate.
The personal representative (PR) will first be chaosed among those nominated in a valid will, then nuclear family memebers, then others willing to serve. Under the facts you dcescribe, the person named in the will will be considered first, then you (or other relatives) before the girlfriend's sister.
You can contest a will, based upon diminished capacity, under the facts you described. It is a dificult thing to prove, and you only have a very short time in which to start the contest.
Good Luck, let us know if we can help you.
Re: Contesting Will & POA due to duress/medication
You should retain an attorney immediately to consider what action to take before any more time has passed and any more damage is done. If the girlfriend's sister has opened a probate, you should receive notice and have an opportunity to contest the executor and the will. If she has not, you should do so without delay. The power of attorney was likely not valid after death and it will be the responsibilty of the executor to recover the assets taken.
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