Will modified at death bed

[full_o_question]

What is the name of your state? GA

My grandfather passed away recently. He was in his 90's. We know he wrote his will many, many years ago (according to my grandmother). He suffered several heart attacks and strokes in his last year of life. About 6 months ago, he was rushed to the hospital and his heart stopped for about 7 seconds. They brought him back and he received a pace maker. Then, last month he suffered more strokes and heart attacks and his heart stopped for 25 seconds, was brought back, put on life support, but soon passed within days of being taken off life support.
He left behind a wife of 70 years and 3 daughters. His only son passed away about 5 years before him. (His only son was my dad). My grandfather was a very wealthy man. Rumor was going around a few days after his funeral, that 2 of his daughters (the evil ones) were at the hospital during one of the stays where his heart stopped for 7 seconds... and they got him to sign some papers while he was all drugged up. Rumor as I said. Well... his will was just mailed out. Strange thing is.... the will is dated Feb of this year. And it leaves only an old 1987 station wagon that doesnt even run, to his spouse, who can not even drive anymore.
His brand new Cadillac is left to one of the evil daughters. His estate and all stocks, bonds, income, etc is left to his spouse as "life estate" and after she passes it goes to the 2 evil daughters 50/50. Basically everything in the will is left to the 2 evil daughters including a vacation home, computer, land, everything.... oh... except $10K cash to certain grandchildren (only the children of these 2 evil daughters)... his 3rd daughter was only left a chair and a desk.... my father (his only son...who passed a few years back) was not left anything... which would probably make sense since he is gone... but my sister and I were not mentioned and neither were the children of his 3rd daughter. It's just not like him. In reading this will it is so obvious that these 2 evil daughters wrote this. However, my grandfather signed it, there are 2 witness' signatures (nobody recognizes their names) and its notarized by an attorney... even though the date is during the time of his hospital stay. We know he wouldnt have screwed everyone over EXCEPT these 2 and their kids. He made a promise on my father's death bed to take care of my sister and me. He was not the type to make a drastic change like this to his will this late in life. He was not on bad terms with anyone.
I understand that if I contest it, it would be an out-of-pocket expense (MY EMPTY POCKET) to do so. My question is this... if it is contested.... by anyone and is found that he was not in the right state of mind when these changes were made, would it be thrown out? And if so, what would that mean to his estate? What would happen to his stuff? I read somewhere that in the event there is no will, 2/3 goes to his surviving spouse while the remaining 1/3 is equally divided amongst his children... in the event any of his children have already passed, that child's share would go to his children (my sister and I). Can anyone clue me in?

 

[BelizeBreeze]

Have the will and the circumsances reviewed by a local probate attorney before you decide to contest. It's much less cost (although still more than you want to spend) and will give you a good idea of what can be done.

 

[Dandy Don]

Do you have any idea as to total value of the estate?

Have you made your feelings known to your grandmother--what would her reaction be to the daughter's scheming?

You have strong grounds to contest but won't be worth it if you can't afford the thousands of dollars in retainer fees to hire an attorney, and your case would perhaps be a bit stronger if you knew where the other will was, but of course evil daughters have destroyed it by now.

Downside is that if you contest then grandmother gets less, and I don't think she would like that very much.

Perhaps a better option for you would be not to contest the will and instead be very sweet to grandmother and ask/tell her that since the daughters cheated you out of your share and since your father was not remembered in the will according to grandpa's wishes, could you please consider giving us $10,000 like the other grandchildren were given? If she loves you all enough and realizes that her daughters did you wrong, she may be kind enough to give you money while she is still alive.

There is also a loophole in the daughters' planning for this will--it is my understanding that the life estate can only apply to land and real estate, NOT cash and other assets. Therefore the stipulation that the assets be put into a life estate means that only any real estate can be put in the life estate--the cash and other assets belong to grandmother alone (now that grandfather is dead) and she has the right to make her own will leaving those assets to whomever she wishes (in other words, grandfather's stipulation on the assets in his estate can not apply to any assets that are left in grandmother' estate after SHE dies). After probate is over, at least you all should tell grandmother that so she can plan her own estate the way she wants to, but of course evil daughters will probably get ahold of her will and change that too, so I guess you just can't win. I sure would love it if granny took revenge on them by disinheriting them and giving her money to someone else besides them. She should make out her own will and give it to the person she wants to be executor so that evil daughters can't even get their hands on it.

DANDY DON IN OKLAHOMA ([email protected])

 

[full_o_question]

Well... a phone call from the only "normal" aunt, tells my sister that she KNOWS this will was not the original. She says she was in the hospital when MY dad was on his death bed and asked my grandfather "please take care of my girls since Im not going to live to do so... please pass anything you were planning to leave me in your will to them." My aunt says she sat and watched my grandfather in tears PROMISE to my dad that he would. Also, my aunts says she has records that show the 2 evil sisters went to my grandfather's safe deposit box the day after my grandfather's 1st episode in the hospital (when his heart stopped for 7 seconds and then he was brought back)....then another visit the following day. This will was signed on that same day, and she is convinced that was the reason for the 2 visits. One to get the original will so they could re-write it, then to return the new will in which he signed under heavy medication.
My grandmother is clueless... she doesnt expect to live another 6 months. If you could see the wording in this will... they seem to have it covered that the grandmother gets the house and all of his money until she dies.... but she cannot do anything with the money without permission and approval from one of the evil aunts.
It says I have 10 days to send a written statement if I disagree. Do I have to have an attorney for this? I honestly cannot afford to fight this if it's gonna be a costly battle. However, the share that would have gone to my Dad is said to be a big one.

 

[BelizeBreeze]

Well... a phone call from the only "normal" aunt, tells my sister that she KNOWS this will was not the original. She says she was in the hospital when MY dad was on his death bed and asked my grandfather "please take care of my girls since Im not going to live to do so... please pass anything you were planning to leave me in your will to them." My aunt says she sat and watched my grandfather in tears PROMISE to my dad that he would. Also, my aunts says she has records that show the 2 evil sisters went to my grandfather's safe deposit box the day after my grandfather's 1st episode in the hospital (when his heart stopped for 7 seconds and then he was brought back)....then another visit the following day. This will was signed on that same day, and she is convinced that was the reason for the 2 visits. One to get the original will so they could re-write it, then to return the new will in which he signed under heavy medication.
My grandmother is clueless... she doesnt expect to live another 6 months. If you could see the wording in this will... they seem to have it covered that the grandmother gets the house and all of his money until she dies.... but she cannot do anything with the money without permission and approval from one of the evil aunts.
It says I have 10 days to send a written statement if I disagree. Do I have to have an attorney for this? I honestly cannot afford to fight this if it's gonna be a costly battle. However, the share that would have gone to my Dad is said to be a big one.

Your reply should be very concise and to the point.

"SCREW YOU".

And then go to the courthouse in the county where gramps died and find out if probate has been started. I guarantee you probate has NOT been opened. If I'm correct then YOU file as executor of the estate and open probate then have the ESTATE hire a probate attorney.

If probate has been opened then take the file to a local attorney for review.

 

[Dandy Don]

"If you disagree. . ." about what? Being left out of the will?

You need to be discussing this matter with at least 2 different probate attorneys to get an evaluation of your situation, which should cost little or nothing at all for just an evaluation.