Can a will be changed if you know it did not reflect the deceased wishes? - Wills and Estates
Full Question:
I am needing to know if the person who is in the position of Power of Attorney has the final decision on who does or does not receive money from said will? One last request of the individual who passed away was that some who were listed in said will were not going to get anything due to their dishonesty. However this person passed away before he was able to revise his will. So, can the Power of Attorney uphold this dying mans wishes or does he have to go with what the will does say?
04/14/2007 |
Category: Wills and Estates |
State: Utah |
#3093
Answer:
The Power of Attorney is not valid after death. The Executor or person appointed as personal representative in the Will, once the Will is probated, would be over the estate and would be obligated to follow the Will unless the Court orders otherwise. But verbal statements not reduced to writing in the Will or codicil to the Will would be all but impossible to enforce. Thus, the Will controls.