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My mom passed away and dad is incompetent, can their son fight for the original will that was made 6 yrs ago or the new one?

Albuquerque, NM |

My parents made a will 6 years ago. They revised it a year ago, they were both legally competent at the time of revision as well. Can my sibling/their son go and change the land deeds, being that he has power or attorney of my dad? Or does whatever the will states, stay in place? He is getting advice from an adult protective services worker. This worker informed him to change the land deeds back to the way they originally were. This doesn't sound right. Can the adult protective worker be giving legal advice to her to change stuff? Does he have legal right to do such things.

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Attorney answers 3

Posted

Unless the APS worker is a lawyer he/she shouldn't be giving legal advice. Even if they are a lawyer, your parent and sibling are not their client. That said, your father's Will doesn't take effect until he is dead and it is probated. To avoid costly mistakes your sibling with the POA needs to consult with an elder law attorney.

Posted

I agree with Mr. Davis. I would just suggest another possibility. It seems to me that if the deeds were changed, the APS worker may be suggesting that the changes were not proper and should be undone. It is possible that your brother may have acted in a way that would breach his fiduciary duties. This, of course, depends on what was done.

Your brother needs to consult with an attorney. You may need to do so, as well.

James Frederick

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Posted

The last will governs as both were competent. Your brother should consider your fathers last competent wishes. The power of attorney must be durable to apply during incompetency. Changing deeds while he is alive could make the transfers easier. I'd consult with elder care attorney how to do this, not a social worker

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