A will that was not update to reflect the deceased wishes?

What is the name of your state (Ohio)?

Hi, my wife and I were named a beneficiary recently from a family friend who died in October. She left us her car. About a month before she died she told me that she talked with her brother in Denmark (who was to be the sole beneficiary of her financial assets) and he told her to leave these assets to us because he has all he needs.

The issue is she told me this about 3-4 weeks before she died and said it was already taken care of. The problem is when the attorney sent me the Waiver of Notice of Probate of Will...it included a copy of the will which dated well before she told me this and stated the original beneficiary of her financial assets, her brother. The case is still open and I'm wonder what I should do? Is there any way to see were this is going?

Thank you.

If it wasn't written in the will, it doesn't count. Sorry.

You can't argue about what he could have wanted.

I didn't say anything about arguing. I was wonder if there is a way to find out with actually talking to the brother? I think its very possible that he has dismissed his inheritance (what ever this is legally called, I'm not sure)? Is there a way in the probate docket to determine this) ...It was his idea for his sister to give it to us instead of him we took care of her for the last months of her life. I guess he was thankful?

ruskoz said:

I think its very possible that he has dismissed his inheritance (what ever this is legally called, I'm not sure)?

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The will's sole beneficiary could disclaim his inheritance but that wouldn't mean it then goes to you. A beneficiary cannot re-direct a disclaimed inheritance to anyone else. "Family friends" are not in line to inherit through any state's intestate laws.

If the brother truly wishes to give the inheritance to you, in whole or part, he needs to simply accept it from the estate... then give it to you.

The strange thing is she told me it was already done. He also has power of attorney...its not possible that he can change the will after her death is it? And the copy of the will I received with the Waiver of Notice of Probate of Will, does this have to be the final will? I'm suggesting they might not want us to know until its awarded (which seems very plausible give the way thing transpired).

Their was something strange going on. It was like they didn't want us to know something. Ever when we said goodbye to them before they left to go back to Sweden one of the relatives had said do you want to tell them (us) and he (the Brother) said no not now? He doesn't know that the deceased had told me she was going to give us her financial assets per the conversation they had.

Its alot of money and I just want to know one way or the other so I can put it to rest.

Thx.

You can continue to remonstrate and rationalize as to why you should be entitled to the deceased’s financial assets until the cows come home, but it isn’t is going to do you a blessed bit of good!

Because neither your self-serving justifications nor your alleged conversations with the testatrix WOULD SERVE AS ADMISSIBLE EVIDENCE TO VARY THE TERMS OF HER WILL.

Not if you had a hundred witnesses to the testatrix’s verbal commitments or had it in writing would the court allow such evidence. She could have made the same promises to a dozen different people with the same meaningless effect.

If you can’t produce an authentic, properly execute will of the testatrix that postdates the will that is currently under administration by the probate court, then "put it to rest".

Wow latigo you are distorted. You cant read and/or comprehend out side you distorted self-servicing world view can you? In no way should you ever give legal advise and I sure hope you are not in the legal sector.

I find you offensive and ignorant because you lack the simple knowledge of what was stated in my posts. I'm not or never was after her money. If it was her wish to bless me and my family it is in no way a "remonstrate and a rationalize" and to say Its "self-serving justifications" by stating the facts of the situations shows you mind set as a "pompous ass".

How dare you come on here and judge me. You are so far from knowing anything about me or the circumstances yet you act as if you got it all figured out. I have no respect for you and your petty personal attack.

ruskoz said:

Wow latigo you are distorted. You cant read and/or comprehend out side you distorted self-servicing world view can you. In no way should you ever give legal advise and I sure hope you are not in the legal sector.

I find you offensive and ignorant because you lack the simple knowledge of what was stated in my posts. I'm not or never was after her money. If it was her wish to bless me and my family it is in no way a "remonstrate and a rationalize" and to say Its "self-serving justifications" by stating the facts of the situations shows you mind set as a "pompous ass".

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I don't normally side with latigo but I do have to tell you that while he might have been a bit offensive and snarky, he was legally correct. When you come to a forum seeking advice, often times the answer comes with a bit of a "gift". Take it or leave it.

At the end of the day, if her wish was not in the will, then it was not her wish. End of story...even if...

Sorry to hear about your friend.

Antigone*of*Greece said:

I don't normally side with latigo but I do have to tell you that while he might have been a bit offensive and snarky, he was legally correct. When you come to a forum seeking advice, often times the answer comes with a bit of a "gift". Take it or leave it.

At the end of the day, if her wish was not in the will, then it was not her wish. End of story...even if...

Sorry to hear about your friend.

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Thank for your civility my friend...I agree with you on the overall premise about the will. My confusion comes from the fact that it was a finished thing according to her own words. Mind you...she said this about a month before she passed so maybe it never got finalized. However, I do believe she made some arrangements with her brother to give the funds to us. I'm not sure of the legality of this arrangement, this is why Im trying to get my head around this.

She was a proxy grandmother to my three young daughters and for someone to belittle this like latigo did really pissed me off.

So your concerns are purely altruistic?

Is that why with each new post on the same jaded subject you embellish it with yet another self-sacrificing deed you provided for the testatrix’s benefit, plus belatedly inform us that she was a surrogate grandma?

I don't fault you for hoping for a stroke of good fortune at the hands of the lady’s executor, but please don’t try to con us into believing that you’ve somehow earned it.

"Injustice is relatively easy to bear, what stings is justice." (H. L. Mencken)

latigo said:

So your concerns are purely altruistic?

Is that why with each new post on the same jaded subject you embellish it with yet another self-sacrificing deed you provided for the testatrix’s benefit, plus belatedly inform us that she was a surrogate grandma?

I don't fault you for hoping for a stroke of good fortune at the hands of the lady’s executor, but please don’t try to con us into believing that you’ve somehow earned it.

"Injustice is relatively easy to bear, what stings is justice." (H. L. Mencken)

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What?...you are truly twisted. This is a legal advise forum? I guess you like to hijack peoples query's for advise to their legitimate legal questions in a attempt to make yourself feel better about yourself. I find you very offensive and any forum where you are allowed to roam and spew such disingenuous and hurtful judgmental nonsense does not need my participation and subsequent viewership to their advertisers or sponsors.

Its hard to believe the administrators of this forum have not taken issue with you.

ruskoz said:

Thank for your civility my friend...I agree with you on the overall premise about the will. My confusion comes from the fact that it was a finished thing according to her own words. Mind you...she said this about a month before she passed so maybe it never got finalized. However, I do believe she made some arrangements with her brother to give the funds to us. I'm not sure of the legality of this arrangement, this is why Im trying to get my head around this.

She was a proxy grandmother to my three young daughters and for someone to belittle this like latigo did really pissed me off.

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Even if you don't like the messenger - the message is correct. If she didn't update her will to show these changes, then the assets are distributed according to the written will. Let's say (for the benefit of argument) she left the assets to her brother and told him to give them to you upon her passing. It doesn't mean a thing if he chose not to adhere to any wishes outside the written will.

All of us realize you're upset. You lost a friend. I wasn't sure if you've even talked with the brother - have you? In any event, be prepared for him to say she left you nothing. Then move on with your life.