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Power of Attorney and Final Will Question- time sensitive please help!?


My boyfriend of 4 years is going to die of cancer. He verbally has always said that he wants to leave all of his money to me because otherwise i will have no way to pay our mortgage, car payments, credit cards, etc....

I am his durable power of attorney

However, in his will he specifies that he wants to leave all remaining monies, bonds, securities, real property, etc. to me... The issue is that he made his SISTER the executrix of the will. She doesn't like me and I fear that once my boyfriend passes she will take all of the money and figure out a way to spend it so that i am left with nothing

Do you suggest that I transfer the money he has into my account now, seeing as i am the durable power of attorney? or will that raise an issue in probate court?

Does she get to spend the money on whatever she sees fit? Is it possible that i could get screwed out of the money??

HELP! I am limited on time here

You really need to consult a lawyer.
As I see it, the sister as the executrix, is charged with carrying out the instructions in the will. Nothing more.
As you have durable power of attorney, you legally have the decision making capability, not her.
However, the courts seem to listen to blood relatives, and you may have a legal battle. You should win, yet things happen.

An alternative: get married.

You should look up a probate lawyer in your area first thing and ask this question. He/she will have a reliable answer for you. I'm sorry about your boyfriend. Best of luck to you in dealing with his sister.

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