general power of attorney
My older brother gave me General Power of Attorney i know his
wishes. Can i at any time change his will?
general power of attorney
My older brother gave me General Power of Attorney i know his
wishes. Can i at any time change his will?
Re: general power of attorney
No. Will must either by signed by the testator, or by someone else in the testator’s presence and at the testator’s direction.
Jeffrey R. Gottlieb
Law Offices of Robert H. Glorch
616 North Court – Suite 160
Palatine, IL 60067
Re: general power of attorney
An agent under a Power of Attorney for Property has no authority to change a will or create a new one. An agent, unless the instrument specifically provides otherwise, has an affirmative duty to preserve any existing estate plan, including any existing beneficiary designations. Further, unless the POA document specifically provides, a POA has no authority to create or revoke a trust, including a revokable living trust.
Michael DeLaney
DeLaney Law Offices, Ltd.
12416 S. Harlem, Suite 103
Palos Heights, IL 60463-1478
Re: general power of attorney
General power of attorney means nothing. You must have a power of attorney for property, and a seperate one for health care. The power of attorney specifically sets out your powers, has a start date and an end date. This is to prevent fraud. Instead of changing the will, you might consider a living trust. That will bypass a will.You will not need to probate the trust, and your brother can revoke the will by tearing it up.Please call me at 773-237-3516. Attorney George M. Zuganelis
George Zuganelis
George M. Zuganelis, Attorney at Law, P.C.
3048 N. Milwaukee Ave
Chicago, 60618