Legal Question in Wills and Trusts in South Carolina
Concern over Dads will
Dad made a will after Mom died , he since remarried , he now has demetria , and has remarried . She is attempting to take everything and sell Dads property and etc , even tho will states I am poa of his will , she convinced Dad , that will was stolen and we believe she took him to another lawyer to have a will made , is this legal in Dads current state of mind ,as he lives in another world most days .. I am concerned as she is really doing some things under handed without any concern of Dad . I need to know what I can do and if she can get away with this legally ?
1 Answer from Attorneys
Re: Concern over Dads will
There is some confusion about the documents needed. While he is alive, he has full power to do anything unless he has signed a power of attorney giving you or his wife power to sign anything.
If he is incompetent and there is no power of attorney, someone will need to go to probate court to have him declared incompetent and to have you or someone named as conservator. As conservator, you will then be responsible for taking care of his assets.
The will has NO EFFECT until death, so the fact that you are mentioned in there does not matter yet.
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