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Grandmother passed.... there is a new "surprise" will?? complicated story!!

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milcmaid

Guest
Grandmother passed.... there is a new "surprise" will?? complicated story!!

What is the name of your state? louisiana

I don't know if anyone can help us, as this is quite lengthy and confusing, but I'll try to keep it simple. I'm writing more or less on behalf of my mother.

My grandmother (92) passed away 2 days ago.

Years ago, she and my grandfather had a will drawn. Pretty straight forward, everything divided equally among their 4 children. My grandfather passed away in 1992. My grandmother had her will changed, and dis-inherited all the grandchildren. As in if my mother had passed before her, I would not inherit her share. Instead her estate would be divided among the surviving children. My uncle, my mom's brother, passed away last year. He had power of attorney and was the executor on the will. Since he's gone, my grandmother gave my mother power of attorney. My mom was able to convince her that it was wrong to have written her grandchildren out, and my grandma said she didn't know that's what she did. Another will was drawn, with my mother as executor. This was last November/December. Her lawyer said because of her age (91) she couldn't change her will again.

Here's the really complicated part. My uncle who passed away had 5 children. These 5 have been harrasing my mother for the past year. One of them wanted power of attorney, and they tricked my grandma into signing it by telling her that her caretaker would leave/quit if she didn't sign it. Luckily that fell through (long story behind that as well) They never visited my grandma, never helped, only complained. They reported my grandmother to the state for elderly abuse, which was not true. They are accusing my mother of stealing $300,000 and also paying for my wedding with my grandmother's money, which both are absurd. They have had secret meetings, and have met with a lawyer to take legal action against my mother.

Now grandma is gone, and my mother is being told that there was possibly ANOTHER will drawn by a different lawyer, AFTER my mom had it changed. The 5 grandchildren from above were involved and one of them is executor. Grandma was no doubt incompetent at the time, as she has been very ill for months. We should have no trouble getting a statement from both of her doctors to support this. No telling what she signed though, and how they got her to sign it.

So, what is the best action to take?? What should/can we do, if anything?? Obviously my mom and her siblings will contest the will. Any suggestions?!?
 


lwpat

Senior Member
Money fight! Money fight! Are you going to set up bleachers and sell tickets? Are the lawyers going to wear gloves or is it going to be bare knuckle?

Believe me you are going to need a little humor before this is over. All your mother can do is to start probate with the will naming her as executor. Then the next move is up to them.
Is there any reason your grandmother's attorney is not assisting you?
 
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milcmaid

Guest
Yes, money fight indeed! It's all ridiculous if you ask me... these relatives haven't been around for YEARS. Out of the blue they popped up acting all concerned. For the past week they were there every day to visit grandma in a coma - but of course were much too busy to visit while she was well enough to enjoy it. Oh there's so much more to the story. It would take forever to type out!!!

My mother met with the lawyer regarding the accusations of theft, etc etc a few weeks ago. She hasn't had the opportunity to inquire about the will situation, as we just learned of the suposedly "secret will" a few hours ago today! Plus my grandma passed late friday night, and the funeral isn't until tomorrow.

Kind of sad, isnt it?

Thanks for the response. :)
 

Dandy Don

Senior Member
Have you checked at the county courthouse probate court to see if they have filed the will yet? If they have, then you need to get a copy and take it to your probate attorney to review it for deficiencies (does signature look fradulent or forged, proper number witnesses), etc. You won't know whether you really want to contest it until you examine it to see what, if anything, you will be getting from it.

How cheeky of them!! The lawyer had no problem making accusations against you, but did you think to ask him if you were mentioned as a beneficiary in the will, and did he even offer to give you a copy of it? Of course, not because he knows you all are going to contest it. If you can get the medical testimony you claimed, then you will have strong grounds for contesting and will most likely win--too bad that you will have to spend money on attorney fees to defend your side, when that is money you could be using for something else.

You need to be consulting with your probate attorney to decide whether it is better for you to go ahead and file for probate with the will you have or wait for them to file theirs. At least if you filed, you would probably have the advantage of getting executor papers, authorizing you to immediately start claiming any and all assets. Have you checked into the status of grandma's checking accounts (did she name beneficiaries) and other assets to see if she named beneficiaries or not)?

DANDY DON IN OKLAHOMA ([email protected])
 

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