grandchildren are greedy part 2

What is the name of your state? NY
Hi,
My Mom made a Will 5 years ago, which stated that if she died, the estate (house) would be sold and myself (daughter) and 3 grandchildren (only sister deceased) would split the proceeds. Other money involved were in Cd's and life insurance policies in which I was beneficiary.

In June 2004, Mom, sold her house and moved to a mobile home, near where I live. She used the sale money from her house to give the 3 grandchildren 31,000 + each in Cd's (3 separate Cd's)
A new Will was made in August 2005 because the old will, was including a house that was no longer owned by Mom.

Her new Will gave her 4th grandchild (my son) the proceeds of her mobile home, and me (her daughter) the rest of her household. The other 3 grandchildren were not mentioned in the Will because they were to get the 3 Cd's that were purchased a week after the new Will was made.

The three grandchildren are contesting the will. They are going to try to prove that the Will was improperly executed. (because I was in the room)

First question.
My Mom wanted me in the room and the lawyer allowed me to be there. My Mom was seated facing the lawyer and the 2 witnesses. I was sitting in the corner. I never spoke, nor had anything to do with the proceedings.
Is this Will going to be null and void, because my lawyer let me be in the room?

Second question.
If the Will is invalid does the will before it come into effect? If so, since there is no longer a house do I have to give up the money that was in Cd's for me?
OR
Can they only have the 26,000.00 left in the estate account from the sale of the mobile home minus lawyer fees?

I will be going to a deposition this Thursday. The lawyer is also trying to prove my Mom was suffering from dementia and Alzheimer's and could not made a new Will in 2005. I have a note from her doctor saying that is not true.
There is a lot of other misinformation in the Bill of Particulars, which are outright lies, and I can prove are lies.

I hope someone can give me some input, opinion, or some moral support regarding this matter.
thank you in advance
DianaWhat is the name of your state?

dianabee said:

What is the name of your state? NY
Hi,
My Mom made a Will 5 years ago, which stated that if she died, the estate (house) would be sold and myself (daughter) and 3 grandchildren (only sister deceased) would split the proceeds. Other money involved were in Cd's and life insurance policies in which I was beneficiary.

In June 2004, Mom, sold her house and moved to a mobile home, near where I live. She used the sale money from her house to give the 3 grandchildren 31,000 + each in Cd's (3 separate Cd's)
A new Will was made in August 2005 because the old will, was including a house that was no longer owned by Mom.

Her new Will gave her 4th grandchild (my son) the proceeds of her mobile home, and me (her daughter) the rest of her household. The other 3 grandchildren were not mentioned in the Will because they were to get the 3 Cd's that were purchased a week after the new Will was made.

The three grandchildren are contesting the will. They are going to try to prove that the Will was improperly executed. (because I was in the room)

First question.
My Mom wanted me in the room and the lawyer allowed me to be there. My Mom was seated facing the lawyer and the 2 witnesses. I was sitting in the corner. I never spoke, nor had anything to do with the proceedings.
Is this Will going to be null and void, because my lawyer let me be in the room?

Click to expand...

The will must be judged on the plain language of the instrument itself and it's execution as per your state statutes. Having the Dallas Cheerleaders 'in the room' while the will is being made does nothing legally to it's validity.

Second question.
If the Will is invalid does the will before it come into effect? If so, since there is no longer a house do I have to give up the money that was in Cd's for me?
OR
Can they only have the 26,000.00 left in the estate account from the sale of the mobile home minus lawyer fees?

Click to expand...

Irrelevant.

I will be going to a deposition this Thursday. The lawyer is also trying to prove my Mom was suffering from dementia and Alzheimer's and could not made a new Will in 2005. I have a note from her doctor saying that is not true.
There is a lot of other misinformation in the Bill of Particulars, which are outright lies, and I can prove are lies.

I hope someone can give me some input, opinion, or some moral support regarding this matter.
thank you in advance
DianaWhat is the name of your state?

Click to expand...

let your attorney deal with this portion. A simple copy of mom's medical records and depositions from her medical staff should suffice.

I hope she named the beneficiaries of the CD's with a beneficiary designation form and did NOT include these in the will.

How many people witnessed the will?

On what legal grounds are the others contesting the will? From what you have described they don't have a chance to win. Greed, indeed!!!!

DANDY DON IN OKLAHOMA ([email protected])

Hi,
The Cd's were not in the will, my son was to receive the proceeds of the mobile home and I was to have the household goods, etc. She felt no need to put the other grandchildren in the will because they were getting something that did not have to go through probate. Only the mobile home and household goods had to be dealt with.

The will was witnessed by two people. The lawyers sister who working at the front desk, and the lady who worked in the business next store. These people have done this for a lot of the lawyers patrons.

The legal grounds my nieces are claiming is that my Mom was not capable of making a will because she was suffering from dementia and Alzheimers, had very little memory and had neither read or understood the will.
also I had confidential relationship in which I took advantage of her. The influence exerted by me on my Mom was emotional and overwhelming. My Mom was dependent on me and the paper also said "The threat of bringing about hurt feelings if Dorothy D did not comply with her daughters wishes were undue. There is so much more but it is so much without merit, that it seems that someone just made up stuff to drain the estate account with lawyers fees.

Just for a quick history, My Mom lived by herself. Paid her own bills, cooked her meals, socialized with her neighbors. Was picked up once a week by a Office of the Aging bus and taken to a shopping mall, and I saw her every day and took her to a pool 2 times a week to swim and exercise. She cooked a St Patty's dinner for me and my husband a week before she fell ill. She was a very active, sweet person, who at 90 died to young.

Yes indeed there is greed here.
thank you for your encouragement
dianabee

more questions

Hi,
The deposition has been postponed to March 2. Their lawyer wants to know how much my Mom received for the house she sold in June 2004. My husband who took the call from my lawyer, said what business is it of the nieces lawyer to have this information. My lawyer said he has the right to ask. I am wondering if my lawyer is working for my nieces. I would think this would be public record if their lawyer wanted this information, and I can't understand what this would have to do with the will being legal.
The good part of this phone call was my lawyer said after the deposition, a legal secretary will look over the deposition and this legal person could decide if the whole probate process could be over.
Has anyone ever heard of this? Am I correct in not giving any information to their lawyer regarding the sale of my Mom's house, if he needs certain information that he can get on his own, should I make it easy for him. Do his work for him? My nieces are trying to prove my Mom was demented. I have a Doctor's letter saying she was not. So any information regarding the way she spent her money, should not have to be discussed at the deposition. Correct?
Now I have another 2 weeks to be stressed over this.
Hope someone can answer some of my questions.
thank you
dianabee