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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can someone with the power of attorney change someone else’s will after the will’s creator and beneficiary have died?

Answered by attorney Loraine M. DiSalvo
Estate Planning lawyer at Morgan & DiSalvo, P.C.
Not legally. First of all, a power of attorney does not grant the agent the power to change the principal's Will (the principal is the person who granted the power of attorney, and the agent is the person to whom the power of attoney was granted). Second of all, a power of attorney dies with the principal, and is no longer valid after the principal dies.
Not legally. First of all, a power of attorney does not grant the agent the power to change the principal's Will (the principal is the person who granted the power of attorney, and the agent is the person to whom the power of attoney was granted). Second of all, a power of attorney dies with the principal, and is no longer valid after the principal dies.
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What happens if my parents do not specify a benefactor?

Answered by attorney Monica H. Donaldson Stewart
Estate Planning lawyer at Donaldson Stewart, P.C.
If you were adopted by your parents, then the law treats you as though you were born naturally to them. I'm not sure I understand what you mean by saying that they did not specify a "benefactor" (I think you mean "beneficiary"?) in their will - this is one of the primary purposes of the will, so if they executed one, there should be some guidance about how they wish for their estates to pass. If there is no will (or no mention of beneficiary designation in their will), then the statutory distribution would control - generally, this means that the surviving spouse inherits. If there is no surviving spouse, then the child/children inherit, etc. If you are their legal child and you survive your parents, then you would be the one in line to claim their estate (siblings are not in line to inherit if there are surviving children), unless their will (or other beneficiary/transfer designation provides otherwise).
If you were adopted by your parents, then the law treats you as though you were born naturally to them. I'm not sure I understand what you mean by saying that they did not specify a "benefactor" (I think you mean "beneficiary"?) in their will - this is one of the primary purposes of the will, so if they executed one, there should be some guidance about how they wish for their estates to pass. If there is no will (or no mention of beneficiary designation in their will), then the statutory distribution would control - generally, this means that the surviving spouse inherits. If there is no surviving spouse, then the child/children inherit, etc. If you are their legal child and you survive your parents, then you would be the one in line to claim their estate (siblings are not in line to inherit if there are surviving children), unless their will (or other beneficiary/transfer designation provides otherwise).
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If the beneficiary of life insurance is passed where does the money go?

Answered by attorney David Goldman
Estate Planning lawyer at Law Office of David M. Goldman PLLC
If there is no backup beneficiary on a Life insurance contact, the terms of the contract would determine where the money goes. Typically it will be to the person's estate.
If there is no backup beneficiary on a Life insurance contact, the terms of the contract would determine where the money goes. Typically it will be to the person's estate.
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