A Last Will & Testament becomes effective only upon the death of the person making that Will. A person who has made a Will has the right to change it anytime prior to his or her death, assuming that the person has sufficient mental capacity to make a new Will.
As such, a Will cannot be “opened” or administered prior to a person\’s death in order to determine whether that person\’s wishes are being respected.
This being stated, if the estate of the person that has made a Will is being improperly handled by a third person with Power of Attorney who is improperly benefiting from the estate or taking advantage of the person who is now mentally incapacitated, there are measures that can be instituted in a court of law to prevent or restrict such improper actions.
However, we STRONGLY suggest that if you believe an estate is being intentionally mismanaged, you discuss your concerns with a local attorney to ensure the validity of your position and to properly handle the required court procedures. To find a local attorney for FREE, visit Standard Legal’s Attorney Finder page.