How do I get a copy of my parent's Will & Power of Attorney?

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My brother took my parents Will and Power of Attorney!! He gave me a copy of one...that had no signatures on it?? The attorney that prepared the will is a friend of his, and I don't know his name either. What should I do???

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If your Dad has testamentary capacity in your state, he can make a new will. Have your father see an elder law attorney.
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if your sister has lived in the house over a certain length of time Medicaid may allow her to remain but once she vacates or dies medicaid will seize to recoup their expenses. i doubt your brother can evict your sister and sell the house within six weeks if she has nowhere to go. I think the advice of a lawyer should be sought. your Dad has retained the house for five years since mother's death so Brother has no right to put it in his name unless of course he coerced Dad into signing it over to him. There may or may not be anything you can do about it and depending on the value of the estate it may not even be worth the expense of the fight. So get legal advice.
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Susan, your parents must have had a will each.

On your mother's death, her will should have been executed. What did it say? What did your brother, as your mother's executor, do then?

It is possible that money was borrowed with the house as security, or a reverse mortgage taken out, or some similar financial arrangement, to pay for your father's expenses. Did your brother perhaps even buy the house from your parents?

But to go back a bit. If your parents' instruction was that the house would be sold and the proceeds divided among the four children, then your sister would still need to move out of it, no?

You also need to realise that plans made at one stage of life may not prove feasible later on. Your parents' dearest wish may have been to leave all four of you a nice lump sum; but living costs soar, taxes have to be paid, life costs money... you will probably find that your brother has done nothing wrong, as long as he has used your parents' money for their benefit while acting with POA for them.

The best thing to do is to ask your brother, as nicely as you can, for an explanation of what the plans are for funding your father's ongoing care, and after that for your caregiving sister's future. You can ask him, too, for an explanation of what has taken place with the house; but bear in mind that he is not obliged to tell you. Strictly speaking, it's not your business as long as your father is alive.

It sounds as if there has been a blazing row and perhaps hard words spoken in anger? Stop worrying about the terms of an ancient will, which might well be no better than academic by now, and do your best to get everyone to focus on what happens next.
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Horrible!! I hope you get some answers here...I didn't get much help.
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Our parents had a will drawn up many years ago, stating their wishes upon their deaths, Mom died fives years ago, Dad is still living but in the final faze or dementia which he has had for about 3 years, sister has been taking care of Dad for about 4 years due to declining health issues, oldest brother is POA and excutor of will. He is not following parents wishes, said sister has 6 weeks upon Dads death to vacate home, and that he has put the house in his name, which was put in the will to be sold and divided up 4 ways between us siblings, now he is saying we get nothing! Dad has not been in his right mind for years, he is not capable of changing anything or understanding. Please help
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your parents have to show you the will or give you a copy! their attorney will not give you a copy until you're parents have passed...and that's only if you are an inheritor...I believe. if you don't know who the attorney is...then there is none!! make sure you ask your parents to get a new one if they don't know where it is!!! my experiences!
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teallady,

You will need to ask your parents to see their will which they may or may not do. They are not public documents which one can find online.
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Can I view will on line?
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How can I obtain a copy of parents will?
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Has anyone experienced a problem like this with a family member...and if so, what did you do? Thanks..
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