Legal Question in Wills and Trusts in Virginia
My mother�s Last Will and Testament gives my two sisters all her remaining money when she passes away. I have full power of attorney and have been her care giver since my father died in 2009. She now has dementia and has changed her mine wishing me to divide her money as I see fit on a monthly basis or fixed amount as both are drug users and heavy drinkers. I am also listed jointly on all her bank accounts. Am I legally bound to comply with the Last Will considering she is unable to change it in writing in the event they challenge me? Also am I obligated to show them her last will?
1 Answer from Attorneys
If your mother has dementia I do not believe you can follow her wish that you distribute her money as she sees fit on a monthly basis; your power of attorney gives you the right to take care of her affairs, but carries with it the responsibility to do what is in her best interest. She could very well need her money for future medical care. Furthermore, while she was competent she created a will that expressed her intent concerning her estate.
Your power of attorney will automatically terminate upon your mother's death. If you have been named as the executor of her will, you will obligated to follow her wishes as expressed in her will.
However, under Virginia law, her bank accounts are not likely to be a part of her estate to be distributed to your sisters. "Sums remaining on deposit at the death of a party to a joint account belong to the surviving party as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created." Thos accounts will come to you unless there is a clear showing that she intended otherwise.
You are not obligated to show your sisters your mother's will before your mother's death; in fact, given the perhaps remote possibility your mother might recover from her dementia and make valid changes in her will, it would be inappropriate for you to show them her will at this time.