Revising my will to provide for my disabled sister

[sweetiesmom]

My sister was in a car accident in March 2006 and is permanently disabled. Her husband took wonderful care of her and protected her from any mess her kids and the sitters tried to cause. Unfortunately, he was in an accident this past week and died. His funeral was yesterday. I had my will done leaving everything to him, in trust for my sister. I want to revise my will again, and appoint someone else to administer my property. My brother-in-law has two daughters, one of whom is to help care for my sister, in conjunction with my sister's oldest daughter.

I don't trust either of my sister's children. Could I revise my will leaving everything to my sister and appoint my brother-in-law's daughter as administrator?

 

[army judge]

You could do that.
But, why not ask your niece if she'd become your sister's guardian?

Whatever you decide, you should consult with an attorney you know and trust.

You might also wish to consider other options, one of which might be a life estate for your sister, with remainder to your niece!

Also, please accept my condolences on the loss of your brother-in-law.

This tragedy illustrates why you're wise to consider your options. None of us knows when the end could arrive.

 

[sweetiesmom]

Thank you so much for your kind condolences, and your advice. I appreciate both so much. A life estate sounds great.

Yes, this is something nobody thinks of in advance. I wouldn't wish for anyone to go thru what my poor sister is dealing with. I do have a lawyer I can trust, have used this firm in the past.

I also have a brother. My will was written so that if I predeceased her, my brother-in-law would have my property in trust for her for the remainder of her lifetime. If/when she predeceased me, my brother would inherit my property. Whatever was left after his passing would be divided among his three children (all legal adults now) and my sister's two daughters (both adults).

Thank you so much again.

 

[knight75]

the key, which you seem to grasp, is that anything you want your disabled sister to have, must NOT be given to her. But instead be left in a trust (irrevocable needs trust) for her benefit.
Anyone in this situation should not assume that the phrase 'in trust' solves the problem. It does not. A 'trust' that requires income to be paid uot will ruin any benefits she is recieving.
You will need to specify what type of trust you want to be created at your death.

 

[feldmanlaw]

I'm not sure about the laws in your state, but in Washington it is very simple to just write a new will. In that case, the old will would become obsolete.