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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33803
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My brother was the POA of my Mother's estate. Realizing that

Customer Question

my brother was the POA of my Mother's estate. Realizing that as POA he had the legal right to do just about anything he wanted. Upon my Mother's death he is the executor does he still have the right to change things in Mama's will to suit him
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""Upon my Mother's death he is the executor does he still have the right to change things in Mama's will to suit him""
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No, a will becomes fixed at the time of death of the testator and no one, not even the executor, has the legal power to change a will after the death of the testator. The executor has a legal and fiduciary duty to follow the exact directives set out in the will once the testator passes.
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If he was to try and change the will, any heir could bring this to the attention of the court and they would sanction him up to removing him as executor and appointing someone else to settle the estate.
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thanks
Barrister

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