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my mom took care of her best friend & sister who died from…

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my mom took care of...

my mom took care of her best friend & sister who died from cancer at 74. no one else came to help.she lived 5 hours away & stayed w/her, they lived around the corner. she did everything for her. a few days before she died she changed her will without my mom knowing. she had witnesses and told all of them she stopped her meds so they knew she was of sound mind. after she died the others found out what happened and sued my mom. she did not want anything the house or car so she offered it to them but they did not want them once they found out there were substantial balances still owed. they are suing my mom for money that was supposed to get donated, my moms idea to cancer research or st judes. what are my moms options? she is 65 and tired & does not deserve this. my mom has not been able to grieve and these others are partying w/there inheritence i guess that wasn't enough they want every penny.

Submitted: 9 years ago.Category: Estate Law

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5/1/2010

Estate Lawyer: lwpat, Attorney at Law replied 9 years ago

lwpat, Attorney at Law

Category: Estate Law

Satisfied Customers: 25,387

Experience: Attorney with experience in wills, estates and trusts

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Has probate been opened? What is the status? Who is the personal representative?

Customer reply replied 9 years ago

I am not sure what you mean .The grandaughter is sueing the sister of the grandmother. The judge agreed to the current will but now the sueing starts. Now witnesses are being requested. The judge told both parties to come to an agreement so my mom has done everything that has been requested of her including giving the other party a pay off which they requested but now just when we thought it was settled she is now wanting more. I just don't understand how my mom gives & gives and still it is not enough. The problem is the grandaughter was used to having grandma pay for everything & not hold a steady job. The brother received his money and is content.

Estate Lawyer: lwpat, Attorney at Law replied 9 years ago

My questions were

Has probate been opened?
You say that the will has been presented to the judge so that means it is in the probate court. So probate has been opened.

What is the status?
It appears that someone is contesting the will and that person is the granddaughter of the person that died.

Who is the personal representative?
The court would appoint a personal representative to take charge of the estate. Who is that since someone would have had to pay the brother, I assume the brother of your mother and the deceased? If there was a contest no money should have been distributed. Did the court approve?

Customer reply replied 9 years ago

I'm sorry.I had left out that the brother received his portion before she died. She was giving away money and items in her home before she died. Her body was weak but her mind was definitely strong. She had her friends that helped take care of her come and take anything they could use for their homes. She knew they didn't have much to begin with. Her grandson received a large deposit for his home he had just purchased.She gave money to my family 4 yrs ago and told us she didn't want any problems. And other relatives that owed her money she told them that there debt was done. She was trying to do all these changes just before she past. My aunt represented herself while she was alive. She signed checks days before she died . Her grandaughter showed her true colors just before she died to the grandmother so she tried to hurry up and make these changes. We all know that this should have been done a long time ago but the grandmother was in denial. Once she saw her grandaughter celebrating her death before she even had past thats when she called an attorney that would come to the house to make a new will.Unfortunately my mother is now having to deal with her.

Estate Lawyer: lwpat, Attorney at Law replied 9 years ago

If the will was prepared and witnessed by an attorney then the court is going to hold that the will is valid and the estate should be distributed according to the will. Tell your mother that she does not have to worry, the attorney will testify that your aunt was competent and knew exactly what she was doing and that the will should be honored. The granddaughter can spew and stew but that is what will happen.

Customer reply replied 9 years ago

why does it have to go to trial? my mom is having to get a list of witnesses including the people from hospice and the neighbors involved. if the will was witnessed by the new lawyers and one of my aunts friends then how is this girl able to get away with all these accusations? didn't my aunt have the right to do what she wanted with her belongings before she died? it almost seems like my aunt went against her own will by giving away things her granddaughter was expecting to get.the twist in this whole mess is that my aunts original attorney for the first will is representing the granddaughter. isn't that a conflict of interest? it has been over a year since the passing of our aunt and we had no idea that this girl was capable of this. my mom only saw a glimpse of it when she asked her grandmother to make a car payment for her when she was in the hospital receiving morephine that is when my mom caught on . very sad.

Estate Lawyer: lwpat, Attorney at Law replied 9 years ago

why does it have to go to trial?

You said the granddaughter was contesting the will. She has the right to demand a trial

isn't that a conflict of interest?

Yes it is but it is up to someone to say something.

An accept for my time is always appreciated

lwpat, Attorney at Law

Category: Estate Law

Satisfied Customers: 25,387

Experience: Attorney with experience in wills, estates and trusts

Verified

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