Q: My step dad has a will. My mother has power of attorney and guardianship over estate. My step dads brother refuses to
Will. What legal recourse does she have? My stepfather is very sick and she’s trying to get things in order.
A: She needs to talk to an experienced estate planning or probate lawyer. Your step-father's will is not important until he dies. But if your mother was appointed his attorney-in-fact (agent) in his Durable Power of Attorney, then she has the authority to act on his behalf. If it's not a Durable power of attorney, it may not be effective if he is incapacitated. If she has been appointed guardian over him or over his property by a court, she not only has the authority but may also have a duty to collect his property from his brother -- if that is what you're asking. Have her talk to a lawyer in her state. Many offer free initial consultations
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