Hale Center, TX Estate Planning Law Firms & Lawyers

A power of attorney ceases to have any legal effect as soon as the maker dies. To deal with the account legally, you should be an account signer, the named pay on death beneficiary, the court appointed executor (being named in the will does not give you any authority until it is probated), or file a small estate affidavit if the estate is small enough.

A will in Ohio does not have to be notarized. Instead, it needs to be witnessed by two individuals who sign the will in the presence of the person creating the will and in the presence of each other. If this is done, the will is valid. Note: This is not true for all states.

Maybe, it depends upon what the power of attorney authorizes and what it does not. He may be violating a fiduciary duty to his brother and be opening himself up to liability. In Nevada it is a mandatory double damage on top of what is taken. If the condominium would pass to another, ie under the brother's Will or intestate law he would be setting himself up for liability under Nevada law. You do not state what state's law the power of attorney was given, so you need to check that state in addition to South Carolina. Thus you may need to consult attorneys in both of those states.