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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My mother has a will and POA that appears to be invalid. It

Customer Question

My mother has a will and POA that appears to be invalid. It is not recorded in the county courhouse anywhere. The POA is my brother. She is in assisted living in Las Cruces NM and has property being sold in Elephant butte NM(2 different counties. As far as I know she is still competent but has trouble with short term memory. My brother is operating and controling everything as if she is incompetent and not including either of us in anything he is doing. I recently drafte a power of attorney revocation to take away his power. It was notorized and wittnessed as was required. I took it to get recorded and found there is no record of what we are revocing. The revocation is recorded in the clerks office in the county where her property is but its not attached to anything. The signatures on the will and documents with it are electronic including the notary(the lawyer who did the will). What should my mother and I do ?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: New Mexico...No record of any filings or recording of the will and testament. I filed the revocation of POA but ther is nothing to attach it to. Her property has just been rerecorded as real property so it can be sold. My mother is Madeline Patterson. 412 San Mateo dr. Elephant butte, NM 87935. Google it(ForSale)
JA: Welcome! How can I help with your legal question?
Customer: What does this mean that the will and POA is not recorded? Does recorded and filed mean the same thing?
JA: Has anything been filed or reported?
Customer: I just answered that question?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, her citizens bank account has my brother as POD and joint owner. Thats not right and he keeps everything away from he and myself. It needs to be changed. The ***** ***** acccount rep has been dealing with my brother thru this power of attorney and she wouldn't coopertate with us when we took her the revocation Docs.
Submitted: 2 months ago.
Category: Estate Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Did mom sign the document revoking the POA? And, if so, did she deliver a copy to brother?

Customer: replied 2 months ago.
It was sent certified to him. He acknowledged to her he received it. Yes , of course she did. Did you only get a portion of what I sent?
Expert:  P. Simmons replied 2 months ago.

Great. So what is the question today? That is, the POA has been revoked, what information can I provide for you?

Customer: replied 2 months ago.
You are amazing!