Will changes

[Disabled Vet]

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.

 

[PayrollHRGuy]

Since the mother is in hospice and not of sound mind at this time. Can they change the will and remove the grandparents?

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.

 

[adjusterjack]

Can they change the will and remove the grandparents?

Who is "they"?

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

 

[army judge]

I think it is the height of tackiness for the will to have already been read.

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.

 

[Tax Counsel]

Since the mother is in hospice and not of sound mind at this time. Can they change the will and remove the grandparents?

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.