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Can a will be changed if you know it did not reflect the deceased wishes? - Wills and Estates

Can a will be changed if you know it did not reflect the deceased wishes? - Wills and Estates

Q: Can a power of attorney be a beneficiary in a will?

Yes, a person holding Power of Attorney can be named as a beneficiary in a will. However, it is essential that this designation does not violate any laws or ethical standards. The principal's intentions should be clear to avoid potential disputes among heirs.

Q: Can a power of attorney be the beneficiary?

Yes, a Power of Attorney can be named as a beneficiary of an estate. However, this can lead to complications, especially if the POA's actions are questioned after the principal's death. Clear documentation of the principal's intentions is crucial.

Q: Can power of attorney be challenged after death?

Yes, the actions of a Power of Attorney can be challenged after the principal's death, especially if there are concerns about the validity of transactions made while the POA was in effect. Such challenges typically occur in probate court, where the estate is administered.

Q: Does power of attorney have to pay bills after death?

No, the Power of Attorney's authority ends upon the principal's death. After that, the executor or personal representative of the estate is responsible for settling debts and paying bills from the estate's assets.

Q: What three decisions cannot be made by a legal power of attorney?

A legal Power of Attorney cannot make decisions about the principal's medical treatment if a living will exists, cannot change the principal's will, and cannot act in a manner that is against the principal's best interests or wishes. It is crucial for the POA to adhere to the limits set by the principal.

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: 04/07/2025
State: Utah

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.

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 a POA designate themselves as beneficiary?

Yes, a Power of Attorney (POA) can designate themselves as a beneficiary in certain situations, but this may raise ethical concerns and potential conflicts of interest. It is important to ensure that the designation complies with state laws and the principal's wishes. Consulting with a legal professional is advisable to navigate these complexities.