Can the power of attorney change a beneficiary

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My wife had ms and could no longer take care of her in our home. She moved in with her parents so she would have company during the day. She got worse while there and we allwere thinking she nede to go into anassisted living home for more care. To pay for expenses we were told to geta divorce so she could get $$ and help through the state and we would sell our house that she could use to help pay for care. While at her parents that became her power of attorney incase she needed anything. In th mean time i sold our house and gave them the money to put intoan account for her. I come to find out she passed away last month and they never told me. Can they change me as beneficiary. Am i able to get the mony back from the sale

Attorney Answer

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Melissa Marsh ·
First let me start by saying that I am a California attorney and not licensed to practice in New Mexico so I cannot provide detailed advice. Based on what you have said, it appears that there is a bit of fraud here and if your wife was not mentally competent when she moved into her mother's home her will should not have been changed. I strongly suggest you contact a wills and trusts attorney in New Mexico (if that is where your x-wife died) as soon as possible. If your x-wife moved out of state, contact a wills and trusts attorney in the state where she passed away. Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney in their state to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.
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