1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Will changes

Discussion in 'Guardians & Conservators' started by Disabled Vet, Sep 28, 2020.

  1. Disabled Vet

    Disabled Vet Law Topic Starter Well-Known Member

    Messages:
    846
    Likes Received:
    256
    Trophy Points:
    63
    Jurisdiction:
    Indiana
    question

    A mother has entered hospice care. Family has read her will. She left some money to her children. Since the children are under the age of control she set in her will their father is in control of this money. In the event something happens to their father then control goes to their grandparents.

    Here is the problem... they are estranged from their grandparents. Since the mother is in hospice and not of sound mind at this time. Can they change the will and remove the grandparents? They are going to meet with a lawyer Thursday.. I told them I would ask.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,546
    Likes Received:
    762
    Trophy Points:
    113

    Is there some reason to believe she wasn't of sound mind when she created the will?

    But the short answer is hell no they can't change the will. They can challenge the will when it is probated

    after she dies.


    Personally, I think it is the height of tackiness for the will to have already been read.
     
    Last edited: Sep 28, 2020
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,580
    Likes Received:
    3,202
    Trophy Points:
    113

    Who is "they"?

    The only one who can change a will is the person who wrote it.
     
  4. army judge

    army judge Super Moderator

    Messages:
    34,083
    Likes Received:
    5,613
    Trophy Points:
    113

    I agree, and it shows arrogance, jealousy, and greed.

    If I've said it once, I've said it hundreds of times, no one has to accept something a deceased person is gracious enough to bequeath you.

    Death brings out true feelings, as does a critical illness.

    People are greedy, impolite, and despise the deceased, while eagerly accepting her/his largesse.
     
    shadowbunny likes this.
  5. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,035
    Likes Received:
    1,190
    Trophy Points:
    113

    No. Your mother is the only person who may change her will. No one else can do that. And for your mother to change her will she must be legally competent. If her mental state is such that she would not know and understand that she is changing her will and what those changes would do then there isn't anything to be done at this point to change the will.

    The role of the grandparents here would be to manage the assets in the trust that the will creates for the benefit of the kids until they reach the age in which they are entitled to outright distribution of their inheritance. Your post is unclear as to who it is that is estranged from the grandparents. I'm going to guess you mean the kids that would inherit from the grandmother. While they may be estranged from their grandparents that alone does not mean that the grandparents won't at least do a decent job of managing the trust. If it turns out they don't do a good job of it or try to rob the trust then the kids could file a legal action to remove the grandparents as trustees and to compel them to return any money/property that they improperly took from the trust.
     

Share This Page