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?
- Category: Wills and Estates
- Date:
- State: Utah
Answer:
The Power of Attorney becomes invalid upon death. After a person passes away, the Executor or personal representative named in the Will takes over the estate. This person must follow the instructions in the Will unless a court orders otherwise. Verbal wishes expressed before death, which were not documented in the Will or a codicil, are difficult to enforce. Therefore, the Will is the controlling document.
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