Revoccable Power of Attorney and Will

[gingerflower]

Hello Fico friends, I have a family situation  my brother passed and he had  a Power of Attorney drawn on he's son and grandaughter. The problem is 2 weeks before he passed he decided  to revoke his Will and Power of Attorney to make changes. But before he could make changes he passed away. I called he's Attorney  and was told he no longer practice and retired. He however told me my brother Will was 13 years old and was not updated since 2012. Now my brother  son is left in limbo. My sister and myself have the Attorney who my brother was suppose to  make changes to he's Will however my brother  passed before changes could be done. Any one have any ideas ?

[pizzadude]

Sounds like you'll have to raise your concerns during the probate process.    Did he revoke his prior will without creating a new one, or is the old will still legally valid ?

[gingerflower]

The old will is still legally valid and no he did not revoke the old will. My brother wanted to revoke the old will and write up a new will but he passed before  changes could be made.

[JoeRockhead]

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@gingerflower wrote:

The old will is still legally valid and no he did not revoke the old will. 

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If this is the case, they will likely follow what was in the old will being it wasn't revoked.  If it was no longer valid, his assets and property would be distributed in accordance with what his state laws dictate.  

If you haven't asked already, it would be best to ask your attorney (not the estate or executor's attorney if there is one) to verify the validity of the will, and the applicable state laws that will come into play if the old will is no longer valid.

Contesting wills can get expensive and generally eats into (diminishes the final value) any assets belonging to the estate.  If there's a dispute in  regards to who gets what, hopefully it can be worked out between the beneficiaries.

[gingerflower]

@JoeRockhead Thank you so much on the advice really appreciate it. My only regret is not having to accomplish my brother wishes before he passed. 

[pizzadude]

Agree with the above post, the probate process will be based on his current will and if you have any objections you should talk w an attorney around the feasibly of raising them in court. 

[gingerflower]

@pizzadude Thank you for the advice, I contacted my attorney  who was suppose to draw up a new Wll for my brother  before he passed. So hopefully I can at least complete what my brother  requested before he passed. It has been very emotional  for me as I was he's Guardenship,  caring for my brother  who was battling  Liver Cancer and taking him for his chemo treatments .Being the one to have found him decease on my birthday.  Every day I suffer Emotionally break downs.