Frequent changes of a will - valid?

[red_uu]

What is the name of your state? va

My grandmother is still considered competent legally, but has a habit of changing her will according to her mood, cutting relatives in and out of the will depending on when they last came to visit or called, etc. It has gotten really ridiculous and very frequent.

Upon her death, is this kind of volatility taken into account? Is this a valid reason to contest the will if key members of her family, such as her children, are "disinherited" on the particular day of her death?

 

[BelizeBreeze]

What is the name of your state? va

My grandmother came into a large sum of money several years ago. She is now in a nursing home. She is still considered competent legally, but has a habit of changing her will according to her mood, cutting relatives in and out of the will depending on when they last came to visit or called, etc. It has gotten really ridiculous and very frequent.

Upon her death, is this kind of volatility taken into account? Is this a valid reason to contest the will if key members of her family, such as her children, are "disinherited" on the particular day of her death?

Remember the game musical chairs?

 

[CALIF-PRO36]

What is the name of your state? va

My grandmother is still considered competent legally, but has a habit of changing her will according to her mood, cutting relatives in and out of the will depending on when they last came to visit or called, etc. It has gotten really ridiculous and very frequent.

Upon her death, is this kind of volatility taken into account? Is this a valid reason to contest the will if key members of her family, such as her children, are "disinherited" on the particular day of her death?

My response:

Assuming that she's writing Codicils to the existing Will, or a new Will each time, just as long as she's writing her Will and/or changes pursuant to State law, then there's no "maximum" amount of times, or limitations, to such changes, additions or deletions.

Assuming the validity of the Will by State law, the Will is valid, as written, on the date of her death.

So, be nice to her, and you might wind up with her knitting basket!

IAAL

 

[BelizeBreeze]

Killjoy!

 

[red_uu]

Would it make a difference...

if she were declared incompetent (which may be soon, she is becoming increasingly senile) and continued this volatile behavior?

 

[Dandy Don]

Get her competence tested now to avoid a will contest or to get evidence of the mental deterioriation. Aphysician or probate attorney or family law attorney can tell you how it's done.

And she needs to make her changes official by going through an attorney, along with giving specific reasons why she is disinheriting people, not just writing codicils/handwritten notations herself.

DANDY DON IN OKLAHOMA ([email protected])

 

[You Are Guilty]

Get her competence tested now to avoid a will contest or to get evidence of the mental deterioriation. Aphysician or probate attorney or family law attorney can tell you how it's done.

And she needs to make her changes official by going through an attorney, along with giving specific reasons why she is disinheriting people, not just writing codicils/handwritten notations herself.

DANDY DON IN OKLAHOMA ([email protected])

With the exception of the first sentence, I don't think you got one other fact correct in your reply. You might want to try actually reading the statutes before responding in the future.

 

[CALIF-PRO36]

And she needs to make her changes official by going through an attorney, along with giving specific reasons why she is disinheriting people, not just writing codicils/handwritten notations herself.

DANDY DON IN OKLAHOMA

MY RESPONSE: Really? Do you mean that I, or anyone, can't make Will changes without an attorney? Wow! I didn't know that! Whew, I better run to my Estate Attorney's office today! Oh, wait a minute . . . I AM an attorney!

Thanks for that tidbit of legal knowledge! And, I'll bet you're going to share that legal rule with all of us, aren't you Dandy Dufus?

Sometimes, even I have to call into question your mental competency. Maybe we should haul your ass into a competency hearing. How about that, you schmuck? I knew they didn't call you "Dandy Dufus" for nothing!

IAAL

 

[You Are Guilty]

MY RESPONSE: Really? Do you mean that I, or anyone, can't make Will changes without an attorney? Wow! I didn't know that! Whew, I better run to my Estate Attorney's office today! Oh, wait a minute . . . I AM an attorney!

Thanks for that tidbit of legal knowledge! And, I'll bet you're going to share that legal rule with all of us, aren't you Dandy Dufus?

Sometimes, even I have to call into question your mental competency. Maybe we should haul your ass into a competency hearing. How about that, you schmuck? I knew they didn't call you "Dandy Dufus" for nothing!

IAAL

Not to mention that VA recognizes holographic wills.

 

[Dandy Don]

Please don't misinterpret my comments and twisting them to mean something that I did not say. I never said she couldn't make the changes without an attorney--I was merely suggesting that having an attorney review them would be the wisest course to take so that if there is any confusion or ambiguity about her intentions, the entire document can be retyped to specify exactly the changes that she wants to make.

 

[You Are Guilty]

Please don't misinterpret my comments and twisting them to mean something that I did not say. I never said she couldn't make the changes without an attorney--I was merely suggesting that having an attorney review them would be the wisest course to take so that if there is any confusion or ambiguity about her intentions, the entire document can be retyped to specify exactly the changes that she wants to make.

Well, that's great. Of course, it's not what you said, but really, that's great.

And she needs to make her changes official by going through an attorney, along with giving specific reasons why she is disinheriting people, not just writing codicils/handwritten notations herself.

 

[CALIF-PRO36]

Please don't misinterpret my comments and twisting them to mean something that I did not say. I never said she couldn't make the changes without an attorney--I was merely suggesting that having an attorney review them would be the wisest course to take so that if there is any confusion or ambiguity about her intentions, the entire document can be retyped to specify exactly the changes that she wants to make.

My response:

No, no, Dandy Dufus . . . that's not what you said. You said:

And she needs to make her changes official by going through an attorney, along with giving specific reasons why she is disinheriting people, not just writing codicils/handwritten notations herself.

Using an attorney doesn't make a Will any less or more "official" as long as she follows State law and guidelines for such changes! I mean, pal, that's what you said, above -- right?

"Official"? "Specific reasons why"? Since when, Dandy Dufus?

Please, go back to whatever you were doing before you decided to answer questions on FreeAdvice, okay? Make a sandwich, and watch some t.v. - anything, but be here.

IAAL