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You say you are POA. A POA ends with the death of the Principal. Unless you are ALSO the EXECUTOR of the will, you have nothing to do with the will and should tell the son that.
If you are the executor of the will, then you will, if you are KIND, tell the son that you will let him know when the will is filed in probate court; that will give him access to public records. If you are executor and wish to be KIND to the son then tell him you will be notifying any beneficiaries of the will PER the laws of your state, and if he IS a beneficiary, then he will be notified.
Now if you do not like nor trust this son, and you believe him to be after her funds, then you should tell him that nothing. You will refuse to communicate with him at all. You are under no obligations other than those dictated by law.
As you seem uncertain regarding POA/Executor and their powers and obligations then I feel if you ARE the listed Executor in the will that you should get yourself a Probate Attorney. If you wish to do most of the work and hence save the funds whatever they are, then that's great, but this will be a strong backup, paid hourly, to answer questions just like this one. Good luck. Son can contest the will. Son can also get his own attorney. Son can also claim that there IS NO WILL and attempt to enter premises and rip them off, so if you are executor you may have your work cut out. See an attorney for advice at once.
My condolences on what you are experiencing. It is never easy to watch a loved one pass.
For the sake of clarity - you say you are the POA. The POA is an assignment for a live principal, to act on their behalf. Once someone passes, the POA ends. Are you also the Executor/Administrator of the estate/will?
From what I understand, beneficiaries of a will are entitled to a copy of it. That being said, I would suggest that if you are the executor of the will, you may want to meet with an estate attorney to clarify whether your cousin's estranged son would be considered a beneficiary. Just because they are not named does not automatically eliminate them.
When my DH was executing his father's will - we had to get a signed affidavit from a non-family member that stated that DH and SIL were the only living offspring of my FIL to rule out any other potential beneficiaries - even though DH and his sister were named directly as the heirs. (this was specifically when we were selling the home that was inherited)
To be safe, you will likely want to consult with an estate attorney because you don't want there to be any room for contestation of the will afterwards. Just because she didn't name him, unless she expressly stated that he is NOT to inherit I would play it safe and validate.
As others have said - much better than I ever could - contact an attorney. If you are not the executor of the Will, why is the son asking you for a copy? He should be asking the executor. Perhaps he doesn't know who has been responsible for what. Just be sure to not set yourself up to be in a legal situation you do not want.
If I were you, I'd hire an attorney or contact your cousin's attorney who drew up the will. Wouldn't hurt to call him or she anyway.
The provisions of the will might not even matter in some circumstances. If the deceased had term life insurance and the policy has a beneficiary, the life insurance company will required a copy of the deceased's death certificate. If the beneficiary had a 401k or 403b plan and designated beneficiaries are listed, the company managing the plan will again require a death certificate. These two things were true when my late husband died. I was the beneficiary listed on both his 403b plan and his life insurance. I downloaded applications for both online, completed them, enclosed a death certificate with each application, and mailed them by certified mail with a receipt. I asked our elderlaw/estate planning attorney if I needed to have my late husband probated and she said no.
You can't start Probate on a Will till a certain number of days after death. My state I think it was nine. You will take the Will to probate and the original will be filed and you given a copy. You will also get a list of things that need to be done. One will be to notify the beneficiaries or interested parties that the Will has been filed with probate. I had the option of mailing a copy of the Will or providing it upon request. If her son is not a beneficiary in the Will, he is an interested party, IMO. So, you can send him a copy once the Will is filed and then is public. If he requests it before, tell him he will get a copy when filed. I so hope your cousin said something in her Will why she is not leaving something to her son so he cannot contest it.
Whoever is executor of the will needs to handle this when your loved one passes. If that person is you, it might be wise to pre-empt problems with this child by providing a copy of the will. Remind him that after death, your job will be to settle her estate per instructions in her will.
Not certian the son has asked you about the will specifically as not actually stated here that I find. You as the executor have responsibilities to follow it through and protect what it says till legally obligated to share its writting. Each to their own on choosing probate court or not.
Some stuff is easy to find out without having to pay an attorney, as I have done throughout the last 5 years. My journey started when I had to deal with my brother's stuff and his wife claiming things. So knowing the laws helps, do your research. My experience also proved some who showed kindness up front in the end had ulterior motivates, glad I knew what I needed to. Be careful what you share and who you share it with. Best to you, your cousin is blessed having you overseeing their situation.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
A POA ends with the death of the Principal.
Unless you are ALSO the EXECUTOR of the will, you have nothing to do with the will and should tell the son that.
If you are the executor of the will, then you will, if you are KIND, tell the son that you will let him know when the will is filed in probate court; that will give him access to public records. If you are executor and wish to be KIND to the son then tell him you will be notifying any beneficiaries of the will PER the laws of your state, and if he IS a beneficiary, then he will be notified.
Now if you do not like nor trust this son, and you believe him to be after her funds, then you should tell him that nothing. You will refuse to communicate with him at all. You are under no obligations other than those dictated by law.
As you seem uncertain regarding POA/Executor and their powers and obligations then I feel if you ARE the listed Executor in the will that you should get yourself a Probate Attorney. If you wish to do most of the work and hence save the funds whatever they are, then that's great, but this will be a strong backup, paid hourly, to answer questions just like this one.
Good luck. Son can contest the will. Son can also get his own attorney. Son can also claim that there IS NO WILL and attempt to enter premises and rip them off, so if you are executor you may have your work cut out. See an attorney for advice at once.
For the sake of clarity - you say you are the POA. The POA is an assignment for a live principal, to act on their behalf. Once someone passes, the POA ends. Are you also the Executor/Administrator of the estate/will?
From what I understand, beneficiaries of a will are entitled to a copy of it. That being said, I would suggest that if you are the executor of the will, you may want to meet with an estate attorney to clarify whether your cousin's estranged son would be considered a beneficiary. Just because they are not named does not automatically eliminate them.
When my DH was executing his father's will - we had to get a signed affidavit from a non-family member that stated that DH and SIL were the only living offspring of my FIL to rule out any other potential beneficiaries - even though DH and his sister were named directly as the heirs. (this was specifically when we were selling the home that was inherited)
To be safe, you will likely want to consult with an estate attorney because you don't want there to be any room for contestation of the will afterwards. Just because she didn't name him, unless she expressly stated that he is NOT to inherit I would play it safe and validate.
If you are not the executor of the Will, why is the son asking you for a copy? He should be asking the executor. Perhaps he doesn't know who has been responsible for what. Just be sure to not set yourself up to be in a legal situation you do not want.
If I were you, I'd hire an attorney or contact your cousin's attorney who drew up the will. Wouldn't hurt to call him or she anyway.
Gena / Touch Matters
Some stuff is easy to find out without having to pay an attorney, as I have done throughout the last 5 years. My journey started when I had to deal with my brother's stuff and his wife claiming things. So knowing the laws helps, do your research.
My experience also proved some who showed kindness up front in the end had ulterior motivates, glad I knew what I needed to. Be careful what you share and who you share it with.
Best to you, your cousin is blessed having you overseeing their situation.
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