Disinheriting adult child

[wwwizard]

What is the name of your state?Missouri My widowed mother is 73 and lives in Missouri. She owns no real estate and her estate will be less than $1M. I have two sisters: good sister (GS) and evil sister (ES). Currently, I am executor of her will (which I wrote), have durable POA, and am JTWRS on her accounts. Her car is titled TOD to GS (who also lives in MO) and her IRA/life ins. have beneficiary statements on file. Her 'probate' estate contains only clothes, furniture and household goods (junk, basically) worth $3-4k at most. The will calls for each heir to get 1/3, and I can and will make this happen. Where the problem arises is that Mom wants to eliminate or drastically reduce ES's share from a third. Logic says I can't be the author of this change due to the appearance of undue influence. (Truth is that I have used undue influence from 1999-2001 to get her to keep it equal, but the last couple of years I've grown tired of it. After all, it is her money.) So I am looking at having a MO attorney do something. The questions is: What? I'm getting conflicting input. I firmly believe this change will result in a contest from ES. Some sources say that if you know your will is going to be contested, you must have a living trust. Others say that a living trust can be contested for undue influence just as easily as a will. Can a joint tenancy be contested for undue influence? Even if it has been in place for 8 years? Can a new beneficiary statement be contested? What are the chances of such contests being upheld? Is the clause in a will that says 'you get nothing if you contest this will', ironclad or contestable? Would a living trust really make any difference? What can Mom do while she's still alive to prove that these are really her wishes? TIA wiz

 

[Dandy Don]

Congratulations to mom for giving the shaft to the undeserving evil sister!

If the attorney you consult is a good one, he can draft language that will be virtually ironclad. Your mother will have to mention her specific reason for wanting to specifically disinherit the bad sister., such as saying that the bad daughter's evil behavior was well known by everyone in the family.

The joint tenancy can not be contested. Only an certified estate planning professional or trust attorney can tell you whether a trust can be contested.

Pay a few hundred dollars to a good probate attorney to have a new will drafted.

 

[Star43]

I'm sure this isn't your Moms decision

Look, you are the GS. In your own eyes. Just because you took over to be the responsible caregiver for your Mom and is in control of her estate, are you positive MOM hasn't become senile a bit, or INFLUENCED in some way? Sorry for my attitude, but my Mom had dementia, my wonderful only sister who lived away for 30 yrs from my Mom, came to the rescue when Mom was sick, took her to a lawyer and cut me out of the will. I know my Mom would never do this.(all her friends agree and will never speak to my sister even though a few of them are her Godparents). It caused me alot of heartache, is this what you want? My sister had delusions of millions since my mother had a pending case of malpractice that never materialized. She has also been jealous of me my whole life as my mom told me and it was quite obvious.

I just don't understand why a family would do this. Is the evil
sister a drug addicted sociopath or something? Does she not love your Mom? Has she hurt your Mom in serious ways or has she had alot of problems that noone can forgive?? Well, my sister is a sociopath and a narcisist. She has alot of HATE in her and has control issues, I am the complete opposite. She did what she did because she COULD!

I am sorry, but I think families should stick together not intentionally try to hurt their siblings, I bet there is nothing so serious that the EVIL one has done, it might just be the other way around. People become very GREEDY when their parents die and get old, I would never be like this, love and forgiveness is what life is all about, I don't care what this evil sister supposedly has done, this is a horrible thing for anyone to do. My sister talked lies about me to a demented mind and some slimy lawyer from FL changed the will. My Mother would be crying in heaven if she knew what happened.

I'd rethink your plan. You might regret it if you have a concious. You probably don't even know the EVIL one, her fears, loves, her heart. My sister moved out when I was 10, far away, never knew me as a person. Just because she was the older one she did what she did because SHE COULD. Yeah, the will can be contested, but you know the hurt you will cause, I never contested, why go through the fight and the stress and pain. If anything I feel sorry for your uncaring and unfair attitude.

Sorry if I sound too harsh, but you have struck a nerve, I've been coming to this sight for years and have seen many siblings fighting over MONEY. It makes me sick. Be above all this, talk to your Mom and do the right thing..............