Legal Question in Wills and Trusts in New York

Re: contest power of attorney

I generally agree with Arnold, but suppliment his answer somewhat. You need to see what exactly the POA allows. In some cases it can allow for estate planning, even to the point of allowing the holder to make a new Will (highly unusual). You do not provide enough information to give you a specific answer, like, for instance, what is the relationship of the omitted family members. What did prior Wills provide, if you know? Has anything happened that has caused the alienation of the omitted family members, by the maker of the POA? Without more information, no real answer can be provided.

Re: contest power of attorney

A will may only be changed by the original maker of the will. An attorney in fact holding a power of attorney may only perform those powers specifically granted by the power of attorney. He or she is a fiduciary and may be held liable for any improper acts.

You do not provide sufficient information to provide a more specific answer to the question.

However, the actions of the agent may indeed be challenged in court.