Legal Question in Elder Law in New York

my parents made a willv in 2003 and need a codicil to correct the following: mother's first name is spelled Eulo should be Eula, their grandson's last name is listed Harris but now changed to Mott. My brother's and my address are incorrect and "property and assets should be shred" evenly , it should be shared. The lawyer says they would have to go in for an execution to do a codicil and would be questioned for 1 1/2 hours. My mother has dementia and would not be able to answaer any questions, and my dad is 101. My brother and I are concerned and woul like to know if the will would be legal if theses corrections are not made. Also does the Power of Attorney stops when my parents die? Thank You.

Asked on 6/24/13, 8:52 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

The Power of Attorney is extinguished on death unless revoke by the principal. As to the Will, your mom may not have testamentary capacity (being of sound mind . . . ). The problems in the Will that have you concerned about appear to be of minor to no consequence. The major problem is "Harris but now changed to Mott" can be overcome with prior birth or baptismal records. Finally, problems in probating an estate normally occur if the Will is contested. If you get along with your siblings and there is agreement of division of assets then the court is not interested in such minor details.

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Answered on 6/24/13, 9:57 am

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