Knoxville, TN asked in Estate Planning for Tennessee

Q: can my moms family i dont know change my parents wills and take my inheritence

my father passed away and my mother is going to a nursing home by her poa, the family i dont know unfortunatley , and their wills read identica that me being only child assumes everything after they have living rights. my fathers will isnt filed at the courhouse for me to be bonded bc her poa refuses to sign to do it. hes been gone nearly 3 weeks and not buried bc she refuses to sign for it but sending my mom to a home also. can she assume my dads estate by doing whatever shes doing, or could she con my mother into signing everything to her and me lose my inheritance?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: A power of attorney expires upon death of the principal, so the agent under your dad's POA has no authority unless she is also xecutor of his will, in which case she is duty bound to file it with the court and follow its provisions.

As for your mom, it sounds like she no longer has the capacity to make a will. Sometimes agents under POAs have authority to create trusts,but that is rare and it is even more rare for a POA to allow self-dealing.

Frank J. Steiner agrees with this answer

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