if you have filled out a wheel and you already have a executor and you want to change the executor can a general power power of attorney take the place of the will?
2 Answers from Attorneys
I am guessing you mean a will and not a wheel. Filled out implies you tried to do this with a form, and that makes it likely what you have is not proper or valid, so you have a legal emergency and need to see a lawyer. To change an executor you need a proper new will to replace the old one (it can be done also by codicil but that is a big mistake). A power of attorney expires when you did, so it is completely the opposite of a will. Again, you need a lawyer ASAP. None of this is likely to be done right with forms.
A general power of attorney is for people who are alive NOW. Wills only become operative when a person dies. So a power of attorney will not take the place of any will.
I agree with Attorney Ashman that you either would need a new will or a codicil. If you are only changing the name of the executor (your will should also name a back up) then you can use a codicil but codicils have to be executed (signed, witnessed and notarized) just like a will. Re-doing a will is not a big deal nowadays, so if the will was done a long time ago or was a do-it-yourself job, then you should just get a new will done by an attorney.
Wills are not all that expensive - please get one done by me or another GA-attorney if you are in GA. If you screw something up by doing it yourself, you may be leaving your family a big lawsuit instead of an inheritance. So please - get an estate planning lawyer. And you also need to have other documents - you should have a financial power of attorney in the event that you become incapacitated and a health care power/living will to cover health care decisions in the event you cannot make decisions for yourself.
Related Questions & Answers
My husband died with no will-he has one daughter. I'm receiving personal injury... Asked 5/22/13, 5:52 pm in United States Georgia Probate, Trusts, Wills & Estates
3 brothers are equal heirs to real property. One is appointed the executor. The... Asked 5/19/13, 10:30 pm in United States Georgia Probate, Trusts, Wills & Estates
File a civil case against brother and wife for tort and neligence in their durbale... Asked 5/15/13, 3:07 pm in United States Georgia Probate, Trusts, Wills & Estates
I live in Georgia. My dad died back in 2010, no will, but my brother and I ended up... Asked 5/12/13, 3:46 pm in United States Georgia Probate, Trusts, Wills & Estates
I am in a will and have receives some of the money by taking a car. when I signed a... Asked 5/03/13, 3:39 am in United States Georgia Probate, Trusts, Wills & Estates