What is the name of your state (only U.S. law)? California
My grandfather passed last year in March. Shortly afterwards, my grandmother and her daughter made an appointment with the law office that made both my grandfather's and grandmother's wills 20 years ago. The purpose of the visit was to make very important changes to my grandmother's will and the trust which holds the assets of her estate. The will and trust specificed that my grandparents' children (4 total) would equally receive shares of her home and savings account. My grandmother wished to change this completely. She wanted to remove 1 of the children completely and dramatically reduce the shares of 2 others. She also wanted to include me and my cousin as beneficiaries. She wanted only one of her children to receive the bulk of the estate (75%) and the 2 others, myself, and my cousin to share evenly the remaining 25%. She also wished to change the executor of her will from one of her children to the other and stipulate that that same child that would be named executor would hold her power of attorney. She told her lawyer her wishes and intent and he wrote them all down in notes. He charged $600.00 for the visit that was paid. My grandmother was ill following the visit and was never able to return to the lawyer to officiate things by signing papers. She died a few months after the visit to the lawyer and the original will/trust arrangement is being followed. My question is if the notes she made to the lawyer have any effect if we were to contest the will/trust. The lawyer knew of her intentions and wishes and what she planned on doing upon her next visit...shouldn't that be legal as to what she wished to do with her estate rather than following the will/trust she has made 20 years prior? The lawyer was paid $600 for doing practically nothing when he should have had papers drawn up specifying what he had written down from my grandmother's visit with him. Is that at all legally binding?
My grandfather passed last year in March. Shortly afterwards, my grandmother and her daughter made an appointment with the law office that made both my grandfather's and grandmother's wills 20 years ago. The purpose of the visit was to make very important changes to my grandmother's will and the trust which holds the assets of her estate. The will and trust specificed that my grandparents' children (4 total) would equally receive shares of her home and savings account. My grandmother wished to change this completely. She wanted to remove 1 of the children completely and dramatically reduce the shares of 2 others. She also wanted to include me and my cousin as beneficiaries. She wanted only one of her children to receive the bulk of the estate (75%) and the 2 others, myself, and my cousin to share evenly the remaining 25%. She also wished to change the executor of her will from one of her children to the other and stipulate that that same child that would be named executor would hold her power of attorney. She told her lawyer her wishes and intent and he wrote them all down in notes. He charged $600.00 for the visit that was paid. My grandmother was ill following the visit and was never able to return to the lawyer to officiate things by signing papers. She died a few months after the visit to the lawyer and the original will/trust arrangement is being followed. My question is if the notes she made to the lawyer have any effect if we were to contest the will/trust. The lawyer knew of her intentions and wishes and what she planned on doing upon her next visit...shouldn't that be legal as to what she wished to do with her estate rather than following the will/trust she has made 20 years prior? The lawyer was paid $600 for doing practically nothing when he should have had papers drawn up specifying what he had written down from my grandmother's visit with him. Is that at all legally binding?
