Can a will be fairly distributed to it's beneficiaries when some monies were given away by the power of attorney?

The agent under a power of attorney is a fiduciary. They have a duty only take action that benefits the principal (your mother). Therefore they...

Adoption and birth certificate

For your husband to adopt your son the biological father will need to either consent to giving up his parental rights (which will release him from...

How do I know if a will is legit? It's a piece of paper with my Mothers signature, That she is leaving everything to my brother.

Generally anyone holding the Will of a deceased person must deliver it to the court so it can be probated (proven to the court to be the true Last...

As has been stated, just because a Will or Codicil causes you harm is not enough to contest. You must demonstrate lack of testamentary capacity to...

It would a violation of the attorney's ethical duty to maintain client confidentiality. Someone would have to be appointed as the executor or...

Can I set up some type of trust account for my situation which I will explain below?

I am going to assume for the purposes of this answer that due to the nature and extent of his injuries, and the fact that there is fundraising...

How is capacity determined with regard to signing legal documents?

A stroke, in and of itself, does not mean a person is incapacitated. What matters is their ability to process information, understand the nature of...

A birth certificate is an official state record. You can't just change it without a court order. Your child's name can be legally changed by...

I would only point out that if your father elects to rely solely upon a Will, his estate will need to go through a probate process in the state...

My rights if I was not mentioned in an astate ?

If no one is talking to you, opening up a probate may be the only way of finding out whether there is a Will, but that does not mean you will get...