wishes of the deceased. Also a new will was drawn up 2 days before the deceased passed away.
Estate Planning Attorney
The POA and HCS both became void upon death. The wishes in the will would have to carried out by the appointed PR.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Wills and Living Wills Lawyer
As Mr. Pippen stated, the Designation of Health Care Surrogate and Power of Attorney automatically expired when the decedent passed away. The Will, assuming it is valid, would now take effect. The Personal Representative named in the Will is responsible for administering the affairs on behalf of the decedent, in compliance with the law. If you are a beneficiary and believe that the will is invalid, you would have the difficult burden of proving that in court. A new will drawn up 2 days before the decedent's passing is valid if it was executed according to the Probate Code.
Douglas R. Coenson, Esq.
The will controls and the other documents are void at death. Get an estates attorney involved if the will was drawn under suspicious circumstances.
Hope this helps.
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Estate Planning Attorney
The Power of Attorney and Health Care surrogate are no longer valid after death. If you feel that the Will was the product of undue influence on the part of the beneficiary named in the Will, you could possibly have the will determined invalid. You will need the help of an Estate Attorney to guide you through the process.
If the breach occurred during the lifetime of the principal, it is possible that a claim in the name of the estate or beneficiary thereof survives death. It would depend on the nature of the breach. You may wish to consult an attorney to determine the specific recourse that may (or may not) exist.