Should POA have a copy of the Will?

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Who lives in another state? POA I believe didn't have a copy of the first one according to my grandpa and has been kept in a safe place where only POA and him can get it- it was also signed and sealed. Same as updated WILL. POA has to come here either way to put it through Probate when grandpa dies. POA is upset at changes made to his will. No he didnt cut her out, she gets even more!! Just a question for overall does she get a copy? Oh Im listed as second "in case" person to put his will through ( POA is first) in case POA cant. But I dont want his will at my house I feel that its his and safe where its at, when he passes then can she or me put our hands on it and put it through court. Am I wrong?

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I've drafted hundreds of wills and POAs. Countrymouse's comments are 100% correct! Well said.
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Me, people muddle these things up so often I don't blame you for finding it tricky. I'm going to have a look for 'legal terms made simple' or some such web site, but meanwhile in lay terms:

Power of Attorney. This is authorisation given to one named person by another to act on his or her behalf and in his or her best interests. It expires when the person giving it expires.

A will is a document detailing how a person (the testator) wishes his or her estate to be disposed of after death. A will names another person, the executor, who is to be responsible for ensuring that those wishes are carried out.

Very often, and not surprisingly, a parent will select a sensible grown up child whom he or she trusts to do both of these jobs; so it follows that often the POA and the executor are, coincidentally, the same person. But POA and wills are completely unconnected things.

By the way, POA does not have to be given to a family member, although it often is. An executor does not have to be a child, although it often is. And neither role can be forced on anybody. Nobody has to accept POA, and nobody has to consent to act as executor. These are formal legal agreements that require the formal, informed consent of all parties to them.

Hence, there is no reason in principle why a POA should have a copy of a will. The contents of a will are no more the POA's business than they are anybody else's. Right up until the moment of death, any competent adult is perfectly entitled to alter his will and leave his entire estate - should he be so inclined - to the Philatelic Society or Battersea Dogs' Home. Moreoever, the contents of a will need not be divulged to anybody. The testator is entirely within his rights to keep it secret. Equally, he is entitled to publish it in the New York Times if he likes. He can please himself.

Look, rather than mess about and worry, and assuming your father's will was drawn up and dealt with by an attorney, why not just leave one copy in the attorney's safekeeping?

A properly drawn up, properly witnessed will that does not contain any startling new bequests, inexplicable changes of heart or puzzling omissions is extremely hard to challenge successfully. It is also possible - I am NOT recommending this, only mentioning it - to include a clause that forbids court action on pain of forfeiting a legacy; but then that really is the sort of thing that leads to the entire estate disappearing into lawyers' pension pots and piggy banks.

I don't blame you for finding this a minefield, and I don't blame your sister for feeling upset if she believes (rightly or wrongly) that she's being hard done by. Actually, if blame's the word, I blame your grandpa for messing around and trying to keep everybody happy. The business-like thing to do is to talk through his affairs with his attorney, and then make clear, final decisions as to how he would like his estate to be distributed. No arguments, no nonsense, you all accept his wishes with good grace.
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Only the Executors need to see the will, and then only to have their counsel guide it through probate.

Most states will have websites where you can download POA and Living Will documents, etc, to safeguard your loved ones
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K. Gabriel Heiser, Thank you

Countrymouse- Thank you for all your info. And My grandpa changed the WILL but his daughter, my Aunt is the one who is worried and upset because the old will stated she got everything about and it was a verbal agreement for my home and kids tuition. Thats what I thought that neither one of us needs it in our possession!!Great idea on leaving a copy at the lawyers office, yes, it was lawyers and two witness who were there and completed and signed the will along with my grandpa.

DaveIFM, I do understand what POA means I asked this before here and researched it. And I know what a WILL is. I also know what executor named in a WILL is. Let me re-say what I mean....

1) Aunt is POA
2) Aunt is FIRST Executor
3) I am SECOND Executor if anything shall happen to my Aunt or she cant
4) On the WILL I was curious if My Aunt or anyone else should have a copy of it. I do not want a copy of it as it belongs only with grandpa or like CM said, lawyers office! My Aunt wants a copy of the WILL.
5) I was curious if anyone can challenge a WILL for any reason. No, I dont want to challenge it, however my grandpas Updated WILL states is what he wants. But Im talking a couple relatives who may not be so happy because they aren't getting it all!!!

sheilaluc, yes there is help! In the WILL it has specific questions like who he wants to be Executor ,POA,Medical POA, Beneficiary, Bank Accounts and Properties to be divided. Your dad can do it from Legal online place( they delete my links so you will have to google it), but in the long run its better to have a lawyer help. In your area Google Lawyers and see who does WILLS and prices. Alo the Rehab might be able to help you in the right direction, the Social Worker there? Good luck!!! Also, call your local meals on wheels and see what the plans are from the team at the rehab for home care with your dad!
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Me1000, it's none of ANYONE'S business what's in a person's will until that person is dead. That's the long and short of it. Some people choose to pass it along to the Executors. Some don't. There is no obligation, legal, moral or otherwise, for the Executor to have a copy. Period.

If the will was drafted by an attorney, it is doubtful there are a whole bunch of strings attached to inheriting the house. Most attorneys would strongly discourage same. And most people end up taking their attorney's advice. As to its validity, if the ATTORNEY made some fatal error, or gramps wasn't truthful about a child he had or one that he intended to disinherit, then it's possible the will could be contested. It's a very expensive process for the contestor, and unless LOTS of money is involved, it's rarely done.
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MaggieMarshall- Thank you! I agree with you and believe its only for grandpa and the lawyer no matter whats said. Grandpa had all his kids and grandkids on the worksheet, asked questions in front of me and then I left the room,the lawyer was detailed on every question and answer grandpa wanted... making sure he understood everything and the will was finished checked again two weeks later making sure this is what he wanted! They had the two witness as well who worked there to sign.
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I was thinking something... I guess she does lose some inheritance because I mentioned here she was to "take control of the home I am to inherit one day" with several pages of rules she made up to follow in order to get it. Basically I would never get the house! So what Im saying is even though it was suppose to be mine one day after all her rules are completed ( which she made impossible to be completed) she would overall end up with the house I live in. Also she verbally promised to "control" my kids tuition money( but she is still in control of that). My grandfather included my cousins in the new will and she claims thats what she wanted all along but reading the old WILL it stated grandpas 3 kids split the money.. but she still ends up with almost the same amount anyways the new will. Do WILLS really hold up in court?
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You need to get help understanding the terms you are using. POA's are null and void when the person dies. Wills have nothing to do with POA.

Are you talking about the executor named in a will?
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My dad is in a rehab facility & hopefully will come home soon. I need a will & or executor papers for my dad. he cannot afford an attorney. Is there anyway I can get an attorney to where he is now to help me. He is practically bedridden. Thanks for any advise!
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Caregiver99- Well, I understand when its time to put it through probate the executors can see it, but why hold on to it for a long time before the person passes? I dont know, maybe its me and I feel my grandfather did what he wanted and thats that and it should only be with him and a lawyer. Good link too! Thank you
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