Sister may have influenced change in Mom's Will, while a POA

[misha21]

What is the name of your state? Illinois
Mother was diagnosed (Oct 2004) with stage 4 terminal cancer approximatly 15 months before her death. Her daughter (my sister) was already living in my mother's home rent free at the time and had been since 1991.(has never had a job) During which time my sister was able to influence my mother into changing her (mother's) will to make her (daughter living with her) the executor and give her power of attorney. At the time of the diagnoses, my sister assumed full power of attorney and would not allow any family members to visit with our mother. My mother has now passed away and my sister has still not contacted us about any disbursment of the estate. I have now obtained a certified copy of both my father's (DOD 9-9-1990) and my mother's wills. BTW my mother's new will is dated Sept 2005, while my sister was power of attoney. I am shocked to find that my sister stands to inherit everything (large $$$$$) with the exception of 3 gifts, one to me and the other 2 to my brothers (small $$). Also stated in the will, I (or any of my descendants) are never to receive any money or property, ever. Even if any of the siblings die. The reasons stated for my omission from any inheritence is that I have already received many "gifts and distributions" from her already. Other than normal costs of raising a child, my mother's largest gifts have been a gift of stock many years ago that totaled less than $14000 in value and a ring which was also a small value. BTW all the children received similar gifts at the same time, including my sister. Other "gifts" are the normal birthday, christmas, etc... Another point that bothers me is that the Family Trust that was made from my father's will, was changed in my mother's will to remove all the benificaries, with the exception of my sister. I thought you could not do that. I'm worried that time is running out. I over heard my sister talking to one of my mother's neighbors at the wake, she was already giving away things. Some of my things are still in that house and I feel I may never see them again. Any advice would be appreciated.What is the name of your state?

 

[seniorjudge]

What is the name of your state? Illinois
Mother was diagnosed (Oct 2004) with stage 4 terminal cancer approximatly 15 months before her death. Her daughter (my sister) was already living in my mother's home rent free at the time and had been since 1991.(has never had a job) During which time my sister was able to influence my mother into changing her (mother's) will to make her (daughter living with her) the executor and give her power of attorney. At the time of the diagnoses, my sister assumed full power of attorney and would not allow any family members to visit with our mother. My mother has now passed away and my sister has still not contacted us about any disbursment of the estate. I have now obtained a certified copy of both my father's (DOD 9-9-1990) and my mother's wills. BTW my mother's new will is dated Sept 2005, while my sister was power of attoney. I am shocked to find that my sister stands to inherit everything (large $$$$$) with the exception of 3 gifts, one to me and the other 2 to my brothers (small $$). Also stated in the will, I (or any of my descendants) are never to receive any money or property, ever. Even if any of the siblings die. The reasons stated for my omission from any inheritence is that I have already received many "gifts and distributions" from her already. Other than normal costs of raising a child, my mother's largest gifts have been a gift of stock many years ago that totaled less than $14000 in value and a ring which was also a small value. BTW all the children received similar gifts at the same time, including my sister. Other "gifts" are the normal birthday, christmas, etc... Another point that bothers me is that the Family Trust that was made from my father's will, was changed in my mother's will to remove all the benificaries, with the exception of my sister. I thought you could not do that. I'm worried that time is running out. I over heard my sister talking to one of my mother's neighbors at the wake, she was already giving away things. Some of my things are still in that house and I feel I may never see them again. Any advice would be appreciated.What is the name of your state?

You don't say exactly when ma died (I calculate it was Dec 05 or Jan 06) but you need to hire a lawyer immediately to represent YOUR interests. Changing a will to a caretaker 13 months after being diagnosed with a terminal disease is one of many suspicious things in this all-too-common scenario.

Get on it.

 

[Dandy Don]

Can you afford the attorney fees needed (thousands of dollars) to contest the will?

You do have a good case for contesting, especially if you can get access to a copy of the will BEFORE it was changed. Did she have an attorney's help in drafting the original will?

And you also need to have your attorney check into it to see if your state has laws against abuse of POA. She is supposed to spend that money only on her mother's care and provide an accounting and receipts for what she used the money for, not keep it as her own personal bank account.

DANDY DON IN OKLAHOMA ([email protected])

 

[misha21]

How do I get a copy of the my mother's original will? Or any of her previous wills?
My mother died March 06 (I messed up on the months, lack of sleep) 17 months after she was diaognosed. The new will that was in effect at the time of death was dated Sept 2005. I know there would have been a will dated around Sept 1983, as this is the date of my father's will and they had a previous joint will before.

I totally agree that it is suspicious, that is why I'm even bringing it up, but can it be fought and won. There is a part in the will about contesting. I just spoke with one of my brothers and he doesn't seem to care that she got everything. He just doesn't want to ever have to deal with her ever again. No love loss there. I'm more up set with the principle of the whole thing. Our father worked hard for this money and he always intended for his four children to receive the money equally.

 

[Dandy Don]

I had assumed that you knew the name of the attorney who may have helped your mother draft her will, but she may not have even had one. If you don't know where the original wills were then you are almost at a dead end and it's going to be harder for you to prove that a change was made that was not in your favor.

Since you know the city where your father died, then go to the county courthouse probate court and look at HIS probate file to see if there is any indication in the file of the name of an attorney who may have helped him draft HIS will.