Does a will need to be filed with a legal agency?

Q: Does a will override a power of attorney?

A will and a power of attorney serve different functions and do not override each other. A power of attorney is effective during your lifetime and ceases upon your death, while a will takes effect after your death, directing how your assets are handled. They work together in estate planning.

Q: What is more powerful, a will or power of attorney?

A power of attorney is more powerful during your lifetime, allowing someone to make decisions on your behalf if you are incapacitated. A will only comes into effect after your death, directing the distribution of your assets. Each serves a unique purpose in managing your affairs.

Q: Can a notary also be a witness on a POA?

Yes, a notary can also serve as a witness on a power of attorney (POA) in many states, provided they meet the legal requirements for witnessing. However, it's important to check state laws, as some states may have specific rules regarding who can witness a POA.

Q: What are the disadvantages of power of attorney?

Disadvantages of a power of attorney include the potential for abuse by the agent, as they have significant control over your finances and decisions. Additionally, if not properly drafted, it may not cover all situations. It's crucial to choose a trustworthy agent and clearly outline their powers.

Full question:

We filled out a will and power of attorney for my mother and and had it signed and notorized. Does this need to be filed with a legal agency?

Category: Wills and Estates
Date: 04/07/2025
State: Tennessee

Answer:

In some states, like Tennessee, you can file a will with the local probate court where the testator lives or where their real property is located. While this is not mandatory, filing can help ensure the will is easily found later. I recommend contacting the clerk of courts at your local probate court for specific filing procedures.

According to Tennessee law (Tenn. Code Ann. § 32-1-112), a living testator can deposit their will in a sealed wrapper with the probate court. The court will keep it safe and provide a certificate of deposit for a fee of five dollars. After the testator's death, the will can be opened by the court and made public.

Depositing a will does not mean it has been probated, nor does it prevent the testator from revoking or changing it. It simply provides a secure place for the will until it is needed for probate after the testator's death.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I be made a power of attorney without my consent?

No, you cannot be made a power of attorney without your consent. The person granting power of attorney must voluntarily choose someone to act on their behalf. This decision must be made while they are mentally competent, and the designated agent must agree to accept the role.

Which is better, power of attorney or will?

Power of attorney and a will serve different purposes. A power of attorney allows someone to make decisions on your behalf while you are alive, especially if you become incapacitated. A will outlines how your assets will be distributed after your death. Neither is inherently better; they complement each other in estate planning.