Elderly neighbor will over written

[odqlesz]

What is the name of your state? Basically I have helped out my neighbor who has no family or children for the last 25 years. In exchange she made me beneficiary.
Recently I found out a friend of hers got her to rewrite the will giving everything to her. I asked her was she aware of this.
She said no, that her friend wanted the house and her belongings and kept bugging her. My neighbor said she signed something
but didn't know what and that her friend was very forceful. I told her to go to her lawyer who did the last will 15 years ago and make that
one the current one. Now wh

 

[Zigner]

This poor woman - everyone's jockeying to get their hands on her stuff.

 

[not2cleverRed]

What is the name of your state? Basically I have helped out my neighbor who has no family or children for the last 25 years. In exchange she made me beneficiary.
Recently I found out a friend of hers got her to rewrite the will giving everything to her. I asked her was she aware of this.
She said no, that her friend wanted the house and her belongings and kept bugging her. My neighbor said she signed something
but didn't know what and that her friend was very forceful. I told her to go to her lawyer who did the last will 15 years ago and make that
one the current one. Now wh

Define "friend".

Also, what state is this, and define "helped out".

 

[NeilTheCop]

This poor woman - everyone's jockeying to get their hands on her stuff.

It was always depressing when I went to an unattended death for an elderly person, and while waiting for OMI to have the family members, armed with a notepad itemizing and putting a dollar value on all the deceased's possessions.

 

[odqlesz]

Friend is another person from a senior club.
This is for New Jersey

 

[not2cleverRed]

Friend is another person from a senior club.
This is for New Jersey

And why do you feel that you are more deserving?

You still have not answered that.

 

[odqlesz]

This poor woman - everyone's jockeying to get their hands on her stuff.

Basically I was like the son she never had and she was like a second mother. I helped her out for the last 25 years.
Now she is 87 and she just changed her beneficiary unknowingly and unwillingly. Its her friend who is out for her stuff.
I would rather have my neighbor give everything to her church before her friend gets it.

 

[not2cleverRed]

Basically I was like the son she never had and she was like a second mother. I helped her out for the last 25 years.
Now she is 87 and she just changed her beneficiary unknowingly and unwillingly. Its her friend who is out for her stuff.
I would rather have my neighbor give everything to her church before her friend gets it.

Well, then suggest that and help her do it. She can still put together a new will that replaces /overrides all previous wills.

Is this "friend" at the senior center doing the same thing to other fellow seniors? If so, this could be a larger problem that needs to be addressed at the senior center. As in, if this is a senior predator, they should be barred from the senior center at the very least.

 

[Dandy Don]

And how did YOU find out about the other will?

I wonder why the neighbor was not strong-willed enough to just say no and decline to sign the other will that was presented by the friend. If there is any question about the neighbor's mental competency, it may be wise to suggest that it be tested by a physician.

YA probate attorney can assist her in drafting a more current will that includes a clause stating that this will overrides all prior ones, and she could even add a statment to specifically disinherit the friend who deceived her.

 

[LdiJ]

Well, then suggest that and help her do it. She can still put together a new will that replaces /overrides all previous wills.

Is this "friend" at the senior center doing the same thing to other fellow seniors? If so, this could be a larger problem that needs to be addressed at the senior center. As in, if this is a senior predator, they should be barred from the senior center at the very least.

It might even be appropriate to make a report to the local elder abuse agency.

 

[odqlesz]

And how did YOU find out about the other will?

I wonder why the neighbor was not strong-willed enough to just say no and decline to sign the other will that was presented by the friend. If there is any question about the neighbor's mental competency, it may be wise to suggest that it be tested by a physician.

YA probate attorney can assist her in drafting a more current will that includes a clause stating that this will overrides all prior ones, and she could even add a statment to specifically disinherit the friend who deceived her.

My neighbor said her friend kept telling her the house is hers and all the content is hers. She got very concerned that
her friend was going to kick her out of the house. I asked if she wants me to call her and tell her to leave her alone and
that the house is already spoken for(Thinking that the will wasn't rewritten). So she told me to come inside to get the phone
number. I see a will and other legal paperwork sitting on the table. The will had a current date on the outside of the envelop.
I asked if I could see it. That's when I discovered it was rewritten and asked if she knew about it and told her what the new will said.
New will left her friend as beneficiary, executor, and power of attorney. She said she didn't know what it said and that her friend was
very forceful in getting her to sign it.

 

[Zigner]

My neighbor said her friend kept telling her the house is hers and all the content is hers. She got very concerned that
her friend was going to kick her out of the house. I asked if she wants me to call her and tell her to leave her alone and
that the house is already spoken for(Thinking that the will wasn't rewritten). So she told me to come inside to get the phone
number. I see a will and other legal paperwork sitting on the table. The will had a current date on the outside of the envelop.
I asked if I could see it. That's when I discovered it was rewritten and asked if she knew about it and told her what the new will said.
New will left her friend as beneficiary, executor, and power of attorney. She said she didn't know what it said and that her friend was
very forceful in getting her to sign it.

If you are really doing this to be a friend, then I would say that you shoudl do as suggested above - take the lady to an attorney and wait outside while SHE goes in to review things. Although the other "friend" is likely taking advantage of her, your own statements make it seem as if you are too.

 

[odqlesz]

If you are really doing this to be a friend, then I would say that you shoudl do as suggested above - take the lady to an attorney and wait outside while SHE goes in to review things. Although the other "friend" is likely taking advantage of her, your own statements make it seem as if you are too.

I had suggested that, but now she is really confused and doesn't seem to want to trust anyone. I had made an appointment with
her to talk to an elderly law lawyer but she backed out at the last minute. I said just go and talk, you do not need to sign anything.
I was going to let some time pass but she is 87 years old. Old will I was beneficiary, the lawyer was executor and a third person was poa.

 

[Zigner]

At this point, it would seem that the new will is going to be seen as the valid will, unless some sort of coercion, duress, or lack of capacity can be proven to have existed at the time the new will was signed.

 

[not2cleverRed]

My neighbor said her friend kept telling her the house is hers and all the content is hers. She got very concerned that
her friend was going to kick her out of the house. I asked if she wants me to call her and tell her to leave her alone and
that the house is already spoken for(Thinking that the will wasn't rewritten). So she told me to come inside to get the phone
number. I see a will and other legal paperwork sitting on the table. The will had a current date on the outside of the envelop.
I asked if I could see it. That's when I discovered it was rewritten and asked if she knew about it and told her what the new will said.
New will left her friend as beneficiary, executor, and power of attorney. She said she didn't know what it said and that her friend was
very forceful in getting her to sign it.

In other words, your neighbor has been told she no longer owns her own home.

It is possible that in addition to the will, that there has been a transfer of title and deed into the "friend's" name.

Because ownership is a matter of public record, check to see if there has been a change.

If there has not been a change in the ownership of record, then you can reassure your neighbor.

However, if there has been a transfer of ownership, then that is highly suspect, especially since your neighbor is alive and hasn't been paid market value of her home. (I'm thinking it is worth more than $1. )

I ask about the nature of this "friendship", because if it is purely exploitive, it is likely that this person has victimized other people, and at some point it is a police thing, not just a will thing.

I had suggested that, but now she is really confused and doesn't seem to want to trust anyone. I had made an appointment with
her to talk to an elderly law lawyer but she backed out at the last minute. I said just go and talk, you do not need to sign anything.
I was going to let some time pass but she is 87 years old. Old will I was beneficiary, the lawyer was executor and a third person was poa.

Somehow or other, you need to get her to someone trustworthy and competent who can help her unravel this.

A totally crass question, but relevant: how well heeled is your neighbor? I ask this because if she is of modest means, many people go through a lot those assets during the last 6 months of their life, so the issue of inheritance is moot. If she has to go on state assistance due to running out of money, the issue of inheritance is moot. (Although the state would be very interested in a property transfer to a non-relative in that case.)

However, if your neighbor is a bit more comfortable financially, there is reason for greater concern. I am sympathetic; I have an octogenarian relative who has been exploited by a "friend"/neighbor. (I think posted $28K on a debit card?) Fortunately, his financial advisor keeps tabs of such things, and took action.