Davis, CA Estate Planning Law Firms & Lawyers

The answer is possibly yes. The Will concerns only assets that are part of the probate estate after the mother dies. If the money needs to be used to care for her during her lifetime, then the assets can be sold. The POA would need to be reviewed to be sure, but in most cases, this would be something that the aunt could do, provided it is in the principal's best interest to do so. One caveat; if the aunt is joint on some of the assets and uses exclusively the assets which she would not be entitled to upon your mother-in-law's death, then this could be construed as self-dealing and a breach of fiduciary duties. It is possible, in other words, that the aunt may have a conflict of interest in acting under the POA. You should review the entire situation and all relevant documents with a probate attorney, to determine how best to proceed.

In Oregon, your marriage revokes his will unless it was adopted in contemplation of marriage. You then would be entitled to half of his assets. If his will was adopted in contemplation of marriage, the will would be valid, but you would have the right to take a percentage of the value of your and his combined assets (the elective share). The percentage (up to 33%) depends on the length of your marriage.