Parents made wills in 1984 leaving estate to each other then to children, per stirpes, if one parent predeceased other. One parent and 2 children predeceased remaining parent and one child. Child had POA for parent many years, even while one sibling was alive. Surviving parent attached hand written note on outside of will saying "need to update." Parent wanted to see type of attention and treatment potential heirs would give. Parent was only given attention and continual contact by the one surviving child, grown grandchildren failed to initiate or maintain contact even though living in the same zip code. Parent told child of several large ticket items parent planned to buy stating "I may as well buy anything I want, I' m not leaving anything to the grandkids." Parent further stated that no one would be favored for inheritance above child. When parent became concerned will health issues, parent began "spending down" by transfering interest in personal properties to child. Parent was in the process of transfering real estate to child and reserving a life estate in the property when parent was hospitalized. Parent told child the terms parent wanted drawn up for a new will. Child had new will made but did not state that it rescinded previous will. Parent condition worsened and child, optimistic for recovery, did not want to be indelicate by presenting new will for a signature. Neither new will nor deed to real estate is signed by parent. Although child had POA, child did not sign either document on behalf of the parent. Child is named executor of the estate under either will.
If parent dies without signing, is the 1984 will still enforceable? What may be the probability of a successful contestation of the 1984 will? Any possibility of the new will being honored? What is the probability of an intestate determination? Under what, if any, conditions may it possible for child to sign either deed or will as POA and documents be enforceable? Since grandchildren are not in contact and child is, what is the possibility of success of contesting on grounds of undue influence or incapacity?
If parent dies without signing, is the 1984 will still enforceable? What may be the probability of a successful contestation of the 1984 will? Any possibility of the new will being honored? What is the probability of an intestate determination? Under what, if any, conditions may it possible for child to sign either deed or will as POA and documents be enforceable? Since grandchildren are not in contact and child is, what is the possibility of success of contesting on grounds of undue influence or incapacity?
