A Power of Attorney document and a Last Will and Testament document are not “active” at the same time, so no overlap in function exists for one or the other to “take precedence”.
Last Will and Testament Questions
Answers to Frequently Asked Last Will and Testament Questions
Does My Last Will and Testament Take Precedence Over My Premarital Agreement After My Death?
If the terms contained within a Last Will and Testament and a Premarital Agreement contradict each other, the Probate Court judge assigned to your estate case would decide upon the appropriate application of the two documents as they relate to the distribution of your assets after death.
Can I Create a Living Trust With Assets I Will Receive as Beneficiary Through a Last Will and Testament in the Future?
Generally, in order to fund a Living Trust, a person must have ownership of an asset so that he or she can transfer the title to that asset into the name of the Trust.
If I Move Should I Change the Address in My Existing Last Will and Testament?
Changes made to an existing Last Will and Testament document should be witnessed and notarized to ensure the validity of the changes to the Executor and Beneficiaries, who will review the document after the death of the Will’s maker.
Since the process for changing an existing Will requires these witness and notary steps, creating a new Will is often a better strategy for making updates to the content of a Will document.
Does Excluding a Person in a Will Prevent Payment on a Life Insurance Policy to That Same Person?
In most instances, life insurance benefits are paid to the person listed on the policy, notwithstanding the terms of any Last Will and Testament.
Can My New Spouse Keep His Old Will Giving All Assets to His Kids and Nothing to Me?
In most states, a spouse cannot be “cut out” of a Last Will and Testament, even if it is a “new spouse” and an “old will”.
If a Joint Account is Established Separately Outside of a Family Trust, How is the Joint Account Treated When Parents Die?
Joint accounts are owned only by those specifically participating in the account. In most cases, upon the death of one joint account holder, the remaining account holders continue to own the contents of the account.
How Long After a Person Dies Are the Terms of His Will Valid?
Each state has its own rules regarding the time frame in which a Last Will & Testament must be submitted to the probate court for evaluation and execution.
What is a “Personal Representative” in a Last Will and Testament?
A “personal representative” is better known as the Executor or Administrator of the Will: the person who oversees the distribution of assets as it is written in the Will, guiding it through Probate.
What is Probate in Relation to a Last Will & Testament?
Probate is the court that oversees the distribution of estates. When a Last Will and Testament are submitted to Probate, the judge reviews the Will, authorizes its validity, approves or disapproves its content, and oversees its execution as indicated in the content.