Will in the Name of Grandchild

[rizoh66]

What is the name of your state (only U.S. law)? Utah

Hi,

My wife's grandmother has recently been diagnosed with cancer. She is almost finished with treatments and the Doctor's say she should be fine. My wife' mother has recently disowned her, and has not spoken to my wife's grandmother in 2 years. My wife was the only one helping her grandmother through this horrific ordeal. Since her grandmother feels that she may not be around for much longer, she has recently changed her will from my wife's mother to my wife. She told the lawyer that my wife is the only one who has never asked her for anything and that she was the only one there for her when she needed her most. Also, to be clear, my wife did not ask for this. Her grandmother insisted that her name be on the will instead of her mother.

Half way through my wife's grandmothers therapy, my wife's mother decides to mend her differences with her mother. I cant help but suspect that it is only because she was the beneficiary of the will. Of course we cant prove this, but its very convenient that she all-of-the sudden wants to help, after we already asked her to help and she said no.

My question and concern is, how easy will it be for my wife's mother to contest and win the will's inheritance? Since she is the daughter, does she have a right to see the will after my wife's grandmother passes? I have a feeling that she will try and contest out of spite an greed, even though she has been known to say that she doesn't want anything to do with it before she mended ties with her mother. The inheritance is not substantial, and if she decides to contest, does anyone know what the average cost would be to go to court to fight a will? And what are the chances my wife will lose everything?

I'm just wondering if this will get messy and if its not even worth the fight.

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Utah

Hi,

My wife's grandmother has recently been diagnosed with cancer. She is almost finished with treatments and the Doctor's say she should be fine. My wife' mother has recently disowned her, and has not spoken to my wife's grandmother in 2 years. My wife was the only one helping her grandmother through this horrific ordeal. Since her grandmother feels that she may not be around for much longer, she has recently changed her will from my wife's mother to my wife. She told the lawyer that my wife is the only one who has never asked her for anything and that she was the only one there for her when she needed her most. Also, to be clear, my wife did not ask for this. Her grandmother insisted that her name be on the will instead of her mother.

Half way through my wife's grandmothers therapy, my wife's mother decides to mend her differences with her mother. I cant help but suspect that it is only because she was the beneficiary of the will. Of course we cant prove this, but its very convenient that she all-of-the sudden wants to help, after we already asked her to help and she said no.

My question and concern is, how easy will it be for my wife's mother to contest and win the will's inheritance? Since she is the daughter, does she have a right to see the will after my wife's grandmother passes? I have a feeling that she will try and contest out of spite an greed, even though she has been known to say that she doesn't want anything to do with it before she mended ties with her mother. The inheritance is not substantial, and if she decides to contest, does anyone know what the average cost would be to go to court to fight a will? And what are the chances my wife will lose everything?

I'm just wondering if this will get messy and if its not even worth the fight.

Thanks

Wills are not that easy to contest. If the will was properly drawn up by an attorney then it would be very difficult and expensive to contest. If the inheritance is not substantial, then it would not be worth contesting. If your wife wants to share some of it with her mother after the fact, your wife is free to do so.

 

[Zigner]

The woman is going to be fine - yet you have her half-way in the grave already...

 

[Ladyback1]

The woman is going to be fine - yet you have her half-way in the grave already...

ya know what?
Everybody deals with a cancer diagnosis differently. And the Drs. cannot guarantee that treatment will put the cancer in remission.

Or you could be like my husband who was told "we got it all" only to be told 4 weeks later: "we didn't get it all, we missed a couple of spots"

I have thoughts everyday about things that will have to be done if this is deemed terminal. So, you should probably stop w/ the judgment of people. Judging is way above your pay grade!

 

[rizoh66]

This has nothing to do with her cancer and everything to do with my wifes mothers greed and spite. She is truly an awful person. I'm actually wondering if it would be worth the headache, that's all. We truly love my wifes grandma and hope she makes it through this and lives a lot longer, thank you.

Your judgment is completely unnecessary.

 

[rizoh66]

Wills are not that easy to contest. If the will was properly drawn up by an attorney then it would be very difficult and expensive to contest. If the inheritance is not substantial, then it would not be worth contesting. If your wife wants to share some of it with her mother after the fact, your wife is free to do so.

Thank you. I appreciate your prompt response.

 

[anteater]

Just to add a reply to...

... does she have a right to see the will after my wife's grandmother passes?

Yes, she does.

 

[OK-LL]

Just to add a reply to...


Yes, she does.

What gives her mother the right to see grandma's will after grandma's passing, if mother is not a beneficiary under the will?

 

[anteater]

What gives her mother the right to see grandma's will after grandma's passing, if mother is not a beneficiary under the will?

Well...

1) Once the will is submitted for probate, her mother will be able to get a copy.

2) As an heir, her mother is entitled to notice that the will is being submitted and probate is being opened. I admit that I am going from memory, but I beleive that Utah is one of those states where that notice includes a copy of the will.

 

[Stephen1]

Well...

1) Once the will is submitted for probate, her mother will be able to get a copy.

2) As an heir, her mother is entitled to notice that the will is being submitted and probate is being opened. I admit that I am going from memory, but I believe that Utah is one of those states where that notice includes a copy of the will.

Question: How is mother an heir? As per OP, her mother has been written out of the will. I understand this to mean that mother is not an heir. Is there another basis, something other than mother being in the will, that requires a copy of the will to be provided?

 

[anteater]

Question: How is mother an heir? As per OP, her mother has been written out of the will. I understand this to mean that mother is not an heir. Is there another basis, something other than mother being in the will, that requires a copy of the will to be provided?

Terms end up getting tossed around pretty liberally. But what I meant by heir in this context is someone who would be entitled to inherit under intestacy - in the absence of a valid will. That would include the OP's MIL.

Those who would inherit under intestacy have standing to contest a will. In order to contest, those folks need to know that a will has been submitted for probate.

Whether the person applying to administer the estate has to provide a copy of the will to the heirs (as opposed to just providing notice of probate) is a matter of state law. For some reason, at some point in the past, I had reason to look at Utah requirements. My memory is that a copy of the will has to be provided.

My memory may be faulty, but, at the least, MIL would be entitled to receive notice that a will is being submitted for probate.

 

[Just Blue]

ya know what?
Everybody deals with a cancer diagnosis differently. And the Drs. cannot guarantee that treatment will put the cancer in remission.

Or you could be like my husband who was told "we got it all" only to be told 4 weeks later: "we didn't get it all, we missed a couple of spots"

I have thoughts everyday about things that will have to be done if this is deemed terminal. So, you should probably stop w/ the judgment of people. Judging is way above your pay grade!

You over reacted to Zig's post. Really.

 

[Proserpina]

ya know what?
Everybody deals with a cancer diagnosis differently. And the Drs. cannot guarantee that treatment will put the cancer in remission.

Or you could be like my husband who was told "we got it all" only to be told 4 weeks later: "we didn't get it all, we missed a couple of spots"

I have thoughts everyday about things that will have to be done if this is deemed terminal. So, you should probably stop w/ the judgment of people. Judging is way above your pay grade!

Dude, c'mon - he's using the OP's own words. He's not judging anyone or anything - he's simply opining based on the OP's statement. Be nice or I'll withhold the cat treats.

(Yes folks, that was an admittedly lame attempt at levity)

 

[Silverplum]

Dude, c'mon - he's using the OP's own words. He's not judging anyone or anything - he's simply opining based on the OP's statement. Be nice or I'll withhold the cat treats.

(Yes folks, that was an admittedly lame attempt at levity)

*I* can haz cat treats?

Beatific

 

[Just Blue]

*I* can haz cat treats?

Beatific

When you get them (cat treats) and IF you don't have a cat...Send them to me so I can feed one of the 10 strays that peep in my windows...