Will Attorney Career Guide and Counseling

Question: How do you find out what attorney drew up a will for a deceased family member? My husband's uncle passed away and there is speculation that he had a will drawn up but no one knows where it is. Would there be a way to find out what attorney he used through the court system? How would one find out if someone has had a will drawn up through the legal system?

Answer: No way the will would be a part of the court untill it was filed for probate. You find the will, you locate the atty who did it (most families use one atty for everything; check reciepts, deeds drawn up usually have the preparer on them, checks to lawyers, etc etc) or it's generally a case of the executor being advised they will be asked to serve and being told who prepared and where the copy is. it's at best an inexact science

Question: Can a Power of Attorney be on someone's will or is that a conflict of interest? An elderly woman I have been friends with for many years wants to make changes to her will. She wants to add her step-brother, who is her only living relative. Her power of attorney is inheriting 75% of the assets on her will. This elderly friend has asked to update her will, but her power of attorney believes that the elderly woman is too confused to make any clear judgments. Her memory is fading but she is still very coherent. I don't know what to do. Any suggestions?

Answer: The person holding the power of attorney has a massive conflict of interest. Your elderly friend is going to have an estate battle on her hands. She needs to be examined by a physician who specializes in geriatrics to see whether the doctor believes her capacity is diminished. If the doctor believes she is ok, the first thing she needs to do is see her lawyer and revoke the power of attorney. Then, she needs to revise or rewrite her will. The attorney should be made aware of the opinion of the POA person and the attorney should take steps to show that your elderly friend is competent - like video taping his interview with her and putting language in the will acknowledging that POA guy believes she's not competent. He should also add an "in terrorem clause" to the will which says that if anyone contests the will and loses - that person gets NOTHING. If she signs another power of attorney, she should choose someone neutral.

Question: How do I challenge an attorney who is named Executor of a will who by the Bar Assoc considered incapacitated? My grandfather left my father a house under his will in 1994. We are attempting to probate the will now, however the we can't becuz the executor of the will is an attorney that by the Bar Assoc of NYC is now considered to be incapacitated! Is there a motion I or my father can file to override the right to executor?

Answer: YES, you can petition the court for a change of executor and ask the court for an independent party who is not related or an attorney to be appointed, if you want the court to appoint yourself or your father then that would be the name to place on the petition.~

Question: Does anyone know of a good attorney that will handle a civil case against social services? Dealing with discrimination from social services on family members and fostering my neice and nephew. Really need some good suggestions, because they are trying to remove my neice and nephew from my home. Need an attorney that will take the case as ProBono. Please Help! Also, this is in the state of California. Southern California and the Orange County area. Thanks so much.

Answer: call the district of attorney's office, not the child support division, and ask them if they can direct you. or Family Law Facilitators, in the court house. good luck

Question: Can an attorney write a codicil to a will for a CT resident if the attorney is not licensed in CT? If someone is a CT resident, and they have a will that was drafted, witnessed and executed in CT, can a NJ/NJ licensed attorney draft a codicil to that will? Or does a CT licensed attorney need to draft it for it to be legally binding?

Answer: Attorneys can do whatever they want. they run this country!

Question: What is your opinion. Is an attorney needed to make a Will or a Living Will? I need to establish a Will & a Living Will. Has anyone done this through those websites? Should I forget about the web sites and go to an attorney? The law firms are probably very expensive. Anyone have any experience with this? Thank you in advance.

Answer: No... that really kinda sucks actually

Question: what problems will I encounter when purchasing a car from Power of Attorney? I am trying to buy a car from someone who has a Power of Attorney over his wife while she is in Iraq(they are both in the Armed Forces). I was told all of the sudden not to even waste my time because there are too many problems that could be encountered when I try to title it in KS. Is this true? If I have an Original copy with the indented seal will that suffice or will I still have problems getting this inspected and titled?

Answer: You shouldnt have any trouble as long as you have an original copy of the POA paperwork. At Least in INdiana it works this way in a guardianship or estate situation.

Question: What classes will I need to take in High School to become an attorney? I will be in 10th grade next year and I would love to be an attorney but I'm not to sure what will help me get to that point. I do know I need to go to Law School. Thanks!

Answer: Literature, history, math and science and a foreign language. You don't need to specialize in high school, take the toughest classes you can and excel in them.

Question: Does a living will over ride someone who has power of attorney? My grandpa was put in retirement home by wife hes been seperated from for 5 years, now her family sold his possesions, and say they have power of attorney, My uncle also has power of attorney papers plus a living will.Whos is legit?

Answer: A living will has nothing to do with disposal of personal property, and Power of attorney can be for medical or it can be all inclusive, it depends on the type issued.

Question: Can power of attorney change a persons will? My grandmother has appointed my uncle to power of attorney. She is now terminally ill and not conscious. He is upset with me, and has threatened to take me out of her will. Does he have the power to do this, if she already has a will drawn up with me as a large beneficiary?

Answer: A power of attorney is for him to make decisions regarding her welfare. Such as paying her bills. He cannot change her will. He has no authority to do so. Even if he was appointed executor of her estate- her last will and testament is her wishes and he cannot over ride them.