Legal Question in Wills and Trusts in District of Columbia
Do distributions before death have to conform to will?
Can the person with a PoA for an elderly mentally incompetent woman decide to distribute monies to heirs in unequal percentages that don�t match the terms of the will?
Asked on 1/12/09, 11:21 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Do distributions before death have to conform to will?
A will only becomes legally effective upon the death of its maker and any POA that might have been in effect up until the time of such occurrence will thereupon cease to be legally effective.
The person with the POA should only be performing functions and activities in behalf of the subject
incompetent in accordance with the terms of this POA
and nothing more or beyond that.
Answered on 1/13/09, 1:17 am
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