Legal Question in Wills and Trusts in New York
mom passed in 2011, she had a last will and testamony, leaving me executor of her estate. There are 2 sibblings contesting her will, saying I forged my mom signature.However they live in the family
home now. I would like to move back into the home, it's a 2 family home, with 2 sister living down
stairs, and upstairs is empty. Can I move back into this house now even tho they are living down stairs ? and the will being contested. I had a durable POA, which from time to time I signed papers
for mom, which mom told me to. When mom passed..she left me a a life time stay in vacant apt
0n 2nd floor, however the POA mom left me until she passed said i could sign papers for her etc
how can my sibblings say I forged moms signature on the will, or papers belonging to my mom when
I had the broad POA, which covers me, even if mom had any kind of dementia, mom didn't have
dementia when she gave me POA. Can my 2 jealous sibbling cause me any problem ? and while
this is going on .....the will contest, do I have a leg to stand on. Can I still move in to my moms house
as to noone owns moms house yet, even tho the will is being challenged. I moved out 6yrs ago
since mom passed, I would like to move back into the home, can I do this while the will is being
challenged. I thought the POA mom signed gave me powers to handle all her business, and sign her
name ? Thank You....Malissa
3 Answers from Attorneys
I'll answer some your questions.
1. A POA does not give you the right to create and sign a will on your mother's behalf.
2. A person with a POA cannot use the authority to benefit herself. It's a breach of fiduciary duty. For instance, if your mother had real estate, you could not transfer the real estate in your name. If you had control over her bank account, you couldn't use the money for your benefit (pay your rent, buy a car, pay your credit cards, etc.)
3. It is difficult to do anything because of the will contest. However, you can always seek relief through the court.
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In addition, your POA lapsed on her death.
I agree with the other authors; the POA ended when Mom died, and there are many limitations on what you could do under the POA while Mom was alive. You have not said whether or not Mom did her Will or you did it for her using the POA, what it says and what else you may have done under the authority of the POA. These facts are critical to any meaningful reply to your questions. While it is unfortunate that there is a family fight and a Will contest, all things should come out and your rights determined in that litigation.
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