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    pacific nw's Avatar
    pacific nw Posts: 117, Reputation: 11
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    #1

    Aug 13, 2007, 09:34 AM
    Probate: Power of Attorney or Alternate
    My 85 year old father-in-law is the named executor of his wife’s estate. She recently passed away. My father-in-law is in no mental shape to probate her Will. He subsequently signed a Power of Attorney to have a lawyer take his place. We just found out that there is a family member named as an Alternate in the Will if my father-in-law can’t probate the Will. My father-in-law probably hasn’t read the Will in six or seven years and has forgotten that there is an Alternate. He currently won’t look at the Will. Everything is on hold while my father–in-law recovers from his grief.

    In British Columbia, Canada

    Who then is the replacement executor, the holder of the Power of Attorney or the named Alternate?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Aug 13, 2007, 09:36 AM
    I believe a subsequently signed POA would override a prior will.
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