Legal Question in Wills and Trusts in New York

Poa

If a POA has transfered all assets to his/her name for medicaid qualifing reasons and the person who was trying to qualify dies. Does this mean that there will is void due to the fact that there are no assets left in their name?


Asked on 9/16/05, 3:04 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Poa

Technically yes. However, the holder of the POA does have a fiduciary duty to carry out the terms of the Will, based upon the purpose you specified. If this has not been done, you probably have a claim against the holder of the POA. More facts are needed for a more specific answer.

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Answered on 9/17/05, 1:30 pm


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