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Family member trying to sneak in new will for grandpa

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Tmeasler

Junior Member
What is the name of your state (only U.S. law)? SC
My mother has been taking care of my grandparents for 10 or 12 years now, paying their bills, taking care of their house, etc. my grandmother passed away a few months ago and my grandpa gave power of attorney to my mom. He has a current will. He doesn't always understand what's going on anymore and will do almost anything you ask him to. My cousin has gone online to have a new will made that leaves everything to him. If he talks my grandfather into signing something he doesn't fully understand, and my mother has power of attorney, will this Will be valid? How do we stop my cousin from taking advantage of my grandpa?
 


xylene

Senior Member
What is the name of your state (only U.S. law)? SC
My mother has been taking care of my grandparents for 10 or 12 years now, paying their bills, taking care of their house, etc. my grandmother passed away a few months ago and my grandpa gave power of attorney to my mom. He has a current will. He doesn't always understand what's going on anymore and will do almost anything you ask him to. My cousin has gone online to have a new will made that leaves everything to him. If he talks my grandfather into signing something he doesn't fully understand, and my mother has power of attorney, will this Will be valid? How do we stop my cousin from taking advantage of my grandpa?
Your mom needs to have a heart to heart with her parents about their estate.

Your mom should get a lawyer involved as well.
 

ecmst12

Senior Member
I'm not sure what the point of a "heart to heart" with confused dad would be. A lawyer who can set up a guardianship would be a good idea though. And in the meantime, preventing dad from being alone with the cousin.
 

xylene

Senior Member
I'm not sure what the point of a "heart to heart" with confused dad would be.
I would think making dad aware of what is happening would be an appropriate action. Perhaps I was underestimating how 'confused' he was by the word of a third party.

Dad may not be as clueless as the other family members state. His honest reaction to the issue "Our cousin wants you to make her sole heir" would be relevant and fair to ask of a man who still lives somewhat independently (in his own home, etc)

Of course a lawyer will aid in guardianship. A cooperative elder who wants support goes a long way with that.
 
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