can you take family member out of will?

[4theloveofdrew]

Hi---I live in MI---my mom is considering taking my brother out of her will---I thought I heard somewhere that you had to leave someone a dollar? Is this true? My brother owes my mom somewhere in the neighborhood of 45,000 and his share if my mother would pass away now ( god forbid ) would just pay her back----so she wants to make sure he doesnt get any thing. I think that maybe it should be held in trust for his children---my question is IF she leaves it in trust for them for college or when they are older is there ANY way that my brother and his wife could get a hold of it before hand? I am afraid that they would get it and use it foolishly. My mother has an appointment with an attorney---but over the phone he tried to talk her out of taking my brother out of her will---she hasnt made this decision lightly---it took her 20 years to come to this point. Could her will ever be contested? I think my brother would say that my brother and sister and I convinced her to do this---when really she is doing this of her own free will---Thanks

 

[ALawyer]

There is obviously some history and all I can imagine is that there may be possible questions as to Mom's mental competence here and I won't argue with an attorney on the scene who may know what is really involved.

BUT usually a brother is NOT an heir at law if there are any children, so brother may have no basis to contest the will, other than if any NEW will is not valid, in which case the old becomes valid in most states.

I could see revising the will to forgive the loan at mother's debt. That may be sufficient as it doesn't sound as if she was ever going to collect on it anyway. And if she left heim say $25,000 and he owed her $25,000 there would be an offset in most cases. But by changing the Will to forgive the debt if brother ever went bankrupt and wiped out the loan, he would have no claim that he should inherit anything.