If a Will is made in one state and the person is moved to another state, can the Will be changed by a POA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a Will is made in one state and the person is moved to another state, can the Will be changed by a POA?
Asked on July 27, 2018 under Estate Planning, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A power of attorney does not award the "agent" (i.e. the person who was given the power), the right to change the Will of the "principal" (i.e. the person who gave the power). However, it does give the agent broad powers that could potentially be abused. So while changes directly to a Will can't be made, a POA may give the agent the ability to turn the Will and testament into a useless document by liquidating assets intended to pass to beneficiaries, such as selling property, retitling property/accounts, etc.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A power of attorney does not award the "agent" (i.e. the person who was given the power), the right to change the Will of the "principal" (i.e. the person who gave the power). However, it does give the agent broad powers that could potentially be abused. So while changes directly to a Will can't be made, a POA may give the agent the ability to turn the Will and testament into a useless document by liquidating assets intended to pass to beneficiaries, such as selling property, retitling property/accounts, etc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.