Jeffrey Paul Consolo's Answers

Can heirs file in probate of a parent, when the "Power of Attorney" failed to do so? Can we do it without an attorney?

A power of attorney ceases to be effective on death so the attorney in fact had no power after death. Typically the person named in the decedent's will as his/her executor would begin the probate proceeding but if they did not a child could start that process in an attempt to both administer the estate properly but also in an attempt to gain information. The Probate Court would then eventually make a determination as to who should be named as the executor.

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Estate wills. Is the executor supposed to dispurse the will as it stood when the person passed away?

The executor's "job" is to pay the decedent's debts, final expenses and taxes and then to distribute the remainder of the estate pursuant to the terms of the will. If the decedent's heirs or potential heirs believe that the will does not truly evidence the decedent's intent then they would probably need to file a will contest wherein they have the right to indicate why they do not believe the will is valid.