Unfairly being left out of Will by sibling (POA)

[jum9024]

Is there any recourse for me regarding the Will of our biological father?
My father is in hospice in Maryland. There are a lot of family dynamics going on right now. My father lived a colorful Wild life and fathered many children. We found each other 52 years later, 1 1/2 years ago. We have had a relationship via talking everyday/visiting. My father did tell me that he did not have a Will but when he does it, he would include me and my siblings because he never provided for us for over 50 years. When he went into the hospital at the end of February with Terminal Cancer stage 4, his youngest son, who hasn't spoken to him in 2 years, decided to take it upon himself to be the POA. He got my father to sign POA/WILL and Last Testament papers in hospice. I know I am not named in anything, as the youngest son (POA), does not recognize me as a blood relative and mentioned to someone that there is no proof. I do have DNA proof and my birth certificate. How can I amend the Will to include me in it because he will not give me a copy of anything?

 

[justalayman]

You cannot amend a will...period.

Is your father still alive? If you’re that concerned about getting some of his money, talk to him and explain how you feel you should get part of his estate.

 

[jum9024]

Yes, he is alive but not for long. I know he would want ALL his children to get equal shares, but how do I go about doing it when the POA has the papers?? I thought I read that you could do a Codicil???? thanks for your input

 

[Dandy Don]

Start interviewing with probate attorneys NOW until you find one willingg to represent you. If your attorney investigates now before the death happens, he will be more likely to find where the first will is (and hopefully you are named as a beneficiary in it). Let's hope he has not also committed elder abuse.

 

[Zigner]

Start interviewing with probate attorneys NOW until you find one willingg to represent you. If your attorney investigates now before the death happens, he will be more likely to find where the first will is (and hopefully you are named as a beneficiary in it). Let's hope he has not also committed elder abuse.

Read the OP again -the OP stated that he was told by father that there was no will prior to the one he executed.

jum9024 - At the moment of signing, did your father understand that he was signing his last will and testament and (generally) what the effect of that will was and also (generally) what his estate consisted of.

To expand on what was said earlier - YOU can't change a will - only the testator (your father) can change the will. Not even the sibling PoA can change the will.

 

[xylene]

I would consider getting some counseling. You are dealing with major loss. I know this may be hard to consider but your father may have been telling you want you wanted to hear. For a lot of different reasons, indeed most of them not badly intended.

 

[TrustUser]

what a shame people wait until the last minute to sign documents

docs signed, while in hospice, are always gonna hold some sort of suspicion

were any of these documents notarized ? or just simply witnessed ?

in california, it is the job of the notary to see that the signer seems to be of sound mind, etc.

older people, even if reasonably of sound mind, are very easy to manipulate - especially when you are talking about a child doing the manipulating

hopefully you can get this straightened out while your father is alive. otherwise i dont think it looks too good for you

 

[xylene]

older people, even if reasonably of sound mind, are very easy to manipulate - especially when you are talking about a child doing the manipulating

I would suggest you consider that someone capable of creating and abandoning many children is capable of saying and doing manipulative things.

This isn't some new, out-of-charachter behavior.

 

[jum9024]

When I spoke to my father (after he signed everything), I questioned why he signed papers to have his youngest son POA. Father stated, "I dont want him in charge of me". I know he didn't read any of what he signed bc he can't hardly see. Does anyone know of or heard of a Codicil??? I thought it was an addendum to make changes such as adding or taking out beneficiaries????

 

[Dandy Don]

This is elder abuse. He can make a codicil but the POA is not going to ask him to do it. It is better to have a brand new will made out. TALK TO A LOCAL PROBATE ATTORNEY NOW TO FIND OUT WHAT YOU SHOULD BE DOING. This will was signed apparently under duress. And ask your attorney whether you need to ask for your father's mental competency to be tested to determine whether or not he was of sound mind when he signed the will or whether the medications or illness affected his mental state. If the POA wrongfully used his POA to change beneficiary designations on an insurance policy or on retirement benefits, that is illegal and your attorney will want to ask for the beneficiary changes to be reversed.

 

[TrustUser]

I would suggest you consider that someone capable of creating and abandoning many children is capable of saying and doing manipulative things.

This isn't some new, out-of-charachter behavior.

it doesnt appear this way, to me. i think the father got duped by his son with the poa, because he was manipulated, due to the situation he is in (hospice)

this is why i was wondering if a notary was involved ? and if so, whether notaries in his state have any responsibility to see that the signer seems to know what he is doing ?

 

[jum9024]

it doesnt appear this way, to me. i think the father got duped by his son with the poa, because he was manipulated, due to the situation he is in (hospice)

this is why i was wondering if a notary was involved ? and if so, whether notaries in his state have any responsibility to see that the signer seems to know what he is doing ?

He was duped by his son. They hadn't spoken in 2 years. The son had his CPA bring paperwork to hospital bed and sign. (The CPA is a family member who does work with the son). I'm not sure if it was notarized. All I know is that my father searched for my sister and I for over 50 years. And because his son doesn't know that or want to know that my father had a past and that we are part of that past, we are now out of luck. And the son told family NOT TO GIVE HIS PHONE NUMBER OUT TO "THOSE GIRLS". It's so infuriating!!!

 

[Just Blue]

He was duped by his son. They hadn't spoken in 2 years. The son had his CPA bring paperwork to hospital bed and sign. (The CPA is a family member who does work with the son). I'm not sure if it was notarized. All I know is that my father searched for my sister and I for over 50 years. And because his son doesn't know that or want to know that my father had a past and that we are part of that past, we are now out of luck. And the son told family NOT TO GIVE HIS PHONE NUMBER OUT TO "THOSE GIRLS". It's so infuriating!!!

How much of an estate does your father have?

 

[jum9024]

How much of an estate does your father have?

Not sure about bank account but there is a Malpractice/wrongful death Lawsuit pending to be filed by his attorney after his death. He was misdiagnosed for over 6 months.

 

[xylene]

He was duped by his son. They hadn't spoken in 2 years. The son had his CPA bring paperwork to hospital bed and sign. (The CPA is a family member who does work with the son). I'm not sure if it was notarized. All I know is that my father searched for my sister and I for over 50 years. And because his son doesn't know that or want to know that my father had a past and that we are part of that past, we are now out of luck. And the son told family NOT TO GIVE HIS PHONE NUMBER OUT TO "THOSE GIRLS". It's so infuriating!!!

How long was he involved in your father's life BEFORE they had this period of not speaking before he became ill? Was he a stranger to you father for 52 years also?

it doesnt appear this way, to me. i think the father got duped by his son with the poa, because he was manipulated, due to the situation he is in (hospice)

A father could easily prefer to disinherit family he had very little involvement with for over 50 years while telling those same recently found children a story of wishing inheritance to those long estranged and only recently connected with. It's not emotionally impossible. Someone dying has a limited amount of time to make people happy, be happy and a finite amount of resources. Verbal promises of bequests at odds with the actual estate plan happen all the time even in very close families, which this is not. Not following those verbal promises in a competent final will and estate plan, that is not elder or estate abuse.


OP you are the father's children, secret from other family member for probably around 2/3 of your own reasonable natural lifespans.

Consider the joy you found in reconnecting with this man, because while you should fight for what is right, you should verymuch be prepared to not receive anything, and you really shouldn't be sweating the possible malpractice suit at this point at all, though I know that has to be so difficult to deal with.