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I hope you don't mind that I answer the question you posited on my wall here so that it may be of benefit of others.
I will try to answer your question given what you stated.
A Will is only applicable to probate assets. Probate assets are those that are not governed by some other mechanism. So, for instance, if a life insurance policy has a named beneficiary other than "the estate of", then the proceeds will pass directly to the beneficiary and by-pass probate and the Will.
Similarly, if an IRA has a named beneficiary other than "the estate" it will pass directly to the beneficiary and by-pass probate and the Will.
There are methods to have virtually all assets by-pass probate if that is the intention. Most commonly used are the designation of beneficiaries as noted above, revocable living trusts, and joint tenancy.
When it comes to bank accounts, those held jointly will pass directly to the joint holder and thereby by-pass probate and NOT be subject to the terms of the Will.
If mom's intention is for assets at her death be subject to her Will then the proper way to establish bank accounts (or any other asset) where Power of Attorney is to be exercised is to have al accounts in Mom's name ONLY with the POA submitted to the bank or other institution so the POA can handle those accounts.
If the accounts are in Mom's name only and there is no "Payable on Death" or "Transfer on Death" beneficiary or if the account is NOT "In Trust For" then the proceeds will be subject to probate, and therefore, mom's will.
Hope this helps.
This is a difficult situation, and unfortunately, having an attorney’s advice and representation is critical. You should involve the local police department or sheriffs department where your mom lives if: You are sure your sister’s actions are fraudulent or unlawful, you are sure your mother agrees, and you are convinced there is no other way to resolve things. See if they have an elder abuse or elder crimes division and contact them. Have specifics and concrete evidence if possible- such as if your sister went directly against wishes expressed by your mom, or if things she purchased with your mom’s money are obviously for her own purposes.
So NoVoice - If you're really concerned about your Mother, then go see her and get involved in the day to day. Even if you live further away, there is a way to help, if even emotionally.
luv to all.
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