What recourse do I have if, until recently, I was my mother’s executor and POA according to her Will?
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What recourse do I have if, until recently, I was my mother’s executor and POA according to her Will?
She has cancer and has been given 2 months to live. She is living with my sister. I called her lawyer to see what I need to do as executor, and he would tell me nothing but, “The Will has been changed”. Neither my mother, nor my sister bothered to tell me this, and we are in daily contact. This leads me to suspect that my mother may have been pressured into the change or she may not know what she has signed. What recourse do I have?
Asked on July 25, 2013 under Estate Planning, Tennessee
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
Your mother has the right to change her will whenever she wants, however she wants. She does not have to tell you what changes she has made. You do not have a "right" to be her executor or to have her grant you power-of-attorney.
On the other hand, most states have elder abuse laws that prohibit people from taking financial advantage of seniors. It may be that your sister ran afoul of these laws by putting too much pressure on her to change her will. This is a serious matter. If you think this is happening, you should discuss it with the police or the district attorney.
Finally, you may be able to challenge the new will, if it was created because of undue influence by your sister. You can only challenge the will after your mother has passed.
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