my fathers wife died last summer, we know my dad has a will but the step-sister was made the POA per her moms wishes. Now it's 6 months later, they don't want to have him in their state any longer. We moved him to my state but they won't relinquish his will or the POA. Do I need a lawyer and what kind? In their state or my state.
I would consult an attorney in your own state is the Stepdaughter is actually WITHHOLDING your father's legal documents from him. You really have no way to know if these documents EXIST, do you? If so, do you know what attorney made them.
You may be looking at a guardianship issue here. See an elder law attorney and the state, knowing you now are in custody and management of your dad, will make you guardian. You can then take papers attesting to his dementia to the SS office, and all Social Security will come to you as his "representative payee".
This is going to be a VERY DIFFICULT year for you, and perhaps costly as well.
You need to start with an elder law attorney in YOUR state where both YOU and your FATHER reside. He/she may begin with "lawyer letters" to stepsister, but see if things can easily be worked out. If they can't this will get costly. Starting with paying to get court date for Dad's conservatorship or guardianship. Start with his current MD, an assessment of mental faculties and letters attesting to same. You will need them in court.
An attorney will explain all options available to you.
The POA and Executor are two separate things. He can assign his Power of Attorney to an Agent to handle his affairs while he is alive. The POA ceases when he dies, and the person he has appointed as his Executor then executes the instructions in his will. Often the POA and Executor are the same person, but not necessarily.
So your stepsister might have been her mother's POA, and then served as her mother's executor when her mother (your father's wife) died.
But the question is, did your father (not your step-mother) assign your stepsister HIS POA? If so, she would have a document signed by him, while he was competent, giving her that authority.
If you feel like she is not properly meeting his needs as his POA Agent, or aren't sure that she even has a proper POA, you can see an Elder Care attorney in your state, since that is where he now lives, for guidance on what to do to to ensure that his needs are met.
The attorney can also advise you on what information you are entitled to regarding his will, and what to do regarding his will after he passes away. But that still does not entitle you to a copy of the will.
Only your father could name your sister as POA, and he would have had to be competent at the time of the assignment. Your step-mother couldn't just make her the POA.
That being said - your step-sister being the POA...has nothing to do with the will. The POA ends when a person passes away. For a will, it would be an Executor (as assigned by the will) or an administrator of the estate.
If you are a beneficiary of the will, I believe that you are entitled to a copy of the will. It is my understanding that a beneficiary can legally request a copy if they are not provided one by the executor.
LegalZoom has information on getting a copy of the will (if you are a beneficiary)