Ask Your Legal Question. Legal Experts Answer You ASAP.

(Not a Legal Question?)

is there such a thing as a sealed will &

Sent to Legal Experts October 19 2006 at 4:42 AM
   

We have a copy of my mother-in-law's will from the 80's at time her husband then her oldest daughter was to be the executor. The husband has since passed. After a long hospital stay by the mother-in-law. We have found out the the oldest daughter has been left off the power of attorney & the youngest daughter plus her daughter has been added. We know the mother-in-law has been manipulated & now are concerned about a new will of wich we have no copy. We requested to see a copy & the youngest daughter said it was sealed & no one could see it until death. The mother-in-law has been moved to an assisted living home & things are getting ugly due to some money & property. Is there such a thing as a sealed will and does the oldest sister have a right to review it?       Concered son-in-law.

 

Customer (name blocked for privacy)
Reply
October 19 2006 at 12:28 PM (5 hours and 30 minutes and 12 seconds later)
         
Reply to 4ren6's Post: Yes the oldest daughter is my wife. We believe that this is the first power of attorney. The motherin-law was living with the youngest daughter. We have a copy of the origional will of both the father & mother in law from 1979. It states that it is a copy & the origional is in the mother in laws' safe. However we believe there may be another will since the father-in-law has deceased. My wife was the next in line after her father had died to become the executor of her mother's 1979 will. I hope this helps.
Answer
October 19 2006 at 12:50 PM (21 minutes and 33 seconds later)
         
REPLIEDCheck Mark

Anyone can name anyone as executor of the will. They can also write a new will that will over ride any prior or existing wills. These wills may or may not be recorded with the State or County in which the person resides. Your wife would not be automatic to be the next in line to be the executor/tris of the estate. This would have been determined by her mother unless your wife already had paperwork drawn up to this effect. If so then it would change matters. And wills are indeed normally sealed or retained by someone known to the person making the will. POA or Power of Attorney is what you need to find out if the current Executor has as this would allow her/him to sign and prepare documents. It would also allow them to access funds in accounts or CD's. Being an executor of a will does not make one the POA. They have to be noted as the POA. or Durable POA. There is something known as a spring POA as well. Although written for New York the terms would still apply for you.

http://www.oag.state.ny.us/seniors/pwrat.html

You need to find out if the person you believe has done this also has a Power of Attorney. If your wife has a signed POA from her mother making her the POA then the other family member needs to produce any document to the contrary.

Let me know if I may further assist you in this.



Edited by 4ren6 on October 19 2006 at 12:52 PM



Please click the Green ACCEPT if my answer is helpful. Positive FEEDBACK and Bonus is appreciated.
Answer
October 19 2006 at 12:53 PM (2 minutes and 42 seconds later)
         
ACCEPTEDCheck Mark
If your wife has a signed POA from her mother making her the POA then the other family member needs to produce any document to the contrary.


Please click the Green ACCEPT if my answer is helpful. Positive FEEDBACK and Bonus is appreciated.
Reply
October 19 2006 at 1:04 PM (10 minutes and 55 seconds later)
         
Reply to 4ren6's Post: Due to the fact that the youngest daughter was living with her mother in the mother's house, we fill that she was persuaded into changing things. There is no bad blood between my wife & her mother, but her sister is trying her hardest to push her away. My wife does not have a POA.
Can we have access to the mothers will to see what had been changed. She still is a fair state of mind but doesn't seem to admit to the revised will.
Answer
October 19 2006 at 1:17 PM (13 minutes and 4 seconds later)
         
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
Think you can answer this question?
Login or Become an Expert

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the JustAnswer service comes from those individuals, not from JustAnswer, and that JustAnswer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on JustAnswer are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. JustAnswer is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer > Legal