Hopewell Jct, NY Estate Planning Law Firms & Lawyers

Your mother should contact a local estate planning attorney and name a new executor and successor executor. A POA does not give the principal, your brother, the right to name someone in preference to whomever is named by your mother in her Will.

Hello. My name is Damien. I am an attorney in New York City.   I understand you are unhappy with your Last Wills and Testaments. Generally, you could either have someone draft new Wills or attempt to modify the Wills as you were mentioning through a Codicil, which is an additional document that requires the same statutory execution (signing) requirements. Because of the type of software that an attorney can use now to draft Wills, it is rare to use a Codicil in today's day and age. One reason is the chance the Codicil could be lost and/or later challenged and depending on the number of changes it could confuse the issues.  Basically, the cost would be the same. So, the best practice in most cases now is to draft new Wills, revoking the previous Wills rather than attempt to modify them with a Codicil.  It is up to you how you would want to proceed.    If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone  to further discuss it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com