Can Will be altered by POA brother ?

[Jim718]

What is the name of your state (only U.S. law)? MS

My parents are in poor health. There are 4 of us siblings. Our younger Mom is in her right mind, has cancer, and will likely pass away first. Our Dad is almost 90. Three of us siblings feel that our brother is going to try to get the whole estate if our Mom dies. The estate consists of an old house, about 75 acres of land, some bank CD's, etc. Both our Mom and Dad have a will. If our Mom dies, and if our brother gets POA over our Dad, can our brother then change the will and leave everything to himself? Is there any legal means to block this from happening? Thank you.

Jim

 

[OHRoadwarrior]

If a will is currently in place, I recommend mom take steps to have dad declared incompetent, so it cannot be revised after her death. Further, I recommend she setup all assets into a trust, with 3 of 4 siblings equal surviving trustees, needing a 2/3rds majority for decisions. I recommend all original documents be filed with an attorney specializing in estate law and the attorney be consulted for further suggestions. Putting him or a non family member in charge, can severely deplete the assets, from their fees.