Last Will & Testament is missing something...

[inyourhead]

hi. I just received my mother's Last Will & Testament, and the Living Trust. from the trust attorney. My boys are the beneficiary's of my mother's estate. ( 5 ) yrs . The trust says all the right information, about the property being the boys when they reach certain age. The will says nothing of that. It actually says " she intentionally with full knowledge ommitted her heirs, and next of kin. " and that the trustee she gives her estate too. wow..!! shocked I am.. could this be a huge mistake.???? and what would override. the trust or will??

 

[Proserpina]

Anything assigned to the trust would be distributed per the terms of the trust; the will would basically be ignored (for that purpose).

 

[inyourhead]

oh thank god.. I just don't understand why the will is like this. It could be that my mother signed this 4 hours away from death. pancratic cancer. and they ( the trustee & trust attorney) were going to try to get one by on my mother.

 

[Proserpina]

If she was suffering from end-stage cancer, it's highly likely she was on some very potent medications - you may wish to speak with an attorney if you think this is worth contesting.

A will signed by a terminally ill patient a mere four hours from death is going to be questionable at best, I believe.

 

[inyourhead]

ok. im going to take your advice. thank you:cheer:

 

[Michael Wechsler]

If she was suffering from end-stage cancer, it's highly likely she was on some very potent medications - you may wish to speak with an attorney if you think this is worth contesting.

A will signed by a terminally ill patient a mere four hours from death is going to be questionable at best, I believe.

This is correct. This is because:

(1) There is a question as to whether they had "capacity" or sound mind to actually understand what they were doing. Do we believe this woman really was of "sound mind" four hours from end-stage cancer death?

(2) The fact that suddenly she omits her next of kin and gives the entire estate to... the trustee? That's an eye opener, especially if given to a fiduciary. So who was present when this alleged will was created?

I think there is no question you should contest the will immediately. In fact, you may wish to hire an attorney who will probably mention the words "state attorney general" to the trustee. I'd call for the court and authorities to investigate unless the trustee wants to walk away without needing to not only make a case for the money but also explain how the trustee didn't breach the trust of the person who he or she was supposed to be protecting! Best of luck!