What are the rights of a power of attorney?

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What are the rights of a power of attorney?

My sister is POAand has started making changes in our mothers house without consulting with us. My mother recently passed away. Also, she refuses to show us the Will.

Asked on February 27, 2012 under Estate Planning, Rhode Island

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  First you need to know that the power of Attorney issed to your sister as attorney in fact for your Mother (grantor or principle) is no longer valid.  It dies with your Mother.  So she can not make any changes at all unless she is appointed as the executrix under the Will.  She can not hide the Will from you.  If you are named - and in some states if you would have been a beneficiary under intestacy - you get a copy.  It is also a public record once filed.  You may need a little help here from an attorney.  Good luck.  


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