Legal Question in Wills and Trusts in Virginia

Power of Attorney rights

Thanks for your answer on the ''Power of Attorney rights'' question. My aunt has an attorney, and they have requested copies of the beneficiary change forms that I made as POA as well as the POA documents. I have sent them the beneficiary change form copies and the checkbook register copies. What I need to know is, can they try to say that I included myself in the beneficiary change documents illegally, as ''gifting'' to myself? I have a general POA that says nothing about gifting. Can they come back and try to get the money I got as beneficiary since I made the changes?

I offered to give the deceased aunt's children $40,000 if my alive aunt would match it. The attorney said the aunt would consider it once she sees the POA documents/beneficiary documents. Should I be obligated to give them this money after all? Your answer before says that I am not obligated to offer them anything, so I just want to clarify my rights. If I withdraw the offer, can the dead aunt's children sue me?


Asked on 10/07/08, 2:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Power of Attorney rights

As I believe I've already answered in regard to this question, as long as the estate assets have been equally distributed among the nearest surviving relatives named as beneficiaries, I doubt that any such claims made against you would get very far in any court in which they might be brought.

And, as I believe I also stated, you should be able to withdraw any offer of settlement which you may have made prior to its acceptance by your demanding aunt with impunity and without fear of possible repercussions.

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Answered on 10/14/08, 12:07 am


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