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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My elderly father has been being cared exchange & board by

Customer Question

My elderly father has been being cared for in exchange for rooms & board by my niece for the past 1-2 years. I was given Power of attorney and named executrix of his estate in his will many years ago. I have just learned that my niece, who was subsequently given POA, has also filed a warranty deed naming her co habitater with right of survivorship of his home. I do not know if a subsequent will was written. The will we signed leaves his entire estate to his three surviving children equally. The document I saw on line does not apear to have been signed by him. Where do I go from here?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

This very much depends. Do you believe that he is acting in his right mind? Do you believe that he is a victim of undue influence or elder abuse? I ask because a will is not a final document until passing, and any will can be amended, re-drafted, cancelled, or set aside until the person dies. The fact that you were drafted in the original agreement does not mean that you are entitled to receive, or are the entitled executrix--the person can change his mind. But it becomes actionable if the person changed his mind due to no will of his own. As such you may want to reach out to your father and ask him what he wants to do--if he is making these decisions willingly, you have no recourse, but if the other person is taking advantage, you can report her for elder abuse and attempt to set aside the decisions.

Sincerely,

Dimitry, Esq.