Legal Question in Wills and Trusts in New York

POA/new will 2 days before anticipated death

Can someone with POA have terminally ill person sign new will leaving all to himself and one other sib? also filed aproperty transfer deed theday before persons death. Deed stated transfered to himself and one other sib. Both sibs are in NY. I am perm. disabled sib and have been excluded on all counts, will, location of mother, etc until after new will signed.


Asked on 5/14/01, 9:03 am

1 Answer from Attorneys
Garry Hanlon

Re: POA/new will 2 days before anticipated death

A Power of Attorney generally does not extend

to the right to create a new will. An

Article 81 Guardianship does.

A Power of Attorney does not trigger any

accounting for acts done. An Article 81

Guardianship does.

So, if it is a true POA, the transfers

prior to death probably won't be upset. If

it is a more formal Article 81, they will

be.

Read more
Answered on 6/23/01, 12:16 pm


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