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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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My husband passed away 6 1/2 years ago. His mother passed

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My husband passed away 6 1/2 years ago. His mother passed recently. Are my husband's children entitled to a portion of the estate which would have gone to him if not alotted in the will? We believe tmy husband's sublings convinced his mother to give each of his children a very small amount and they have taken the rest. Two living sublings. This takes place in Maryland. Thank you in advan ce for your advice.
Welcome! Thank you for your question.

Do you have any evidence that the mother was incompetent when the children convinced her to change her will or give them assets?
Customer: replied 4 years ago.
I don't know if they had her deemed incompetent. I just know they became power of attorney. I assume if you have someone deemed incompetent you would have prove that to someone? After my brother in law passed in 2007 my daughter thought she saw documents removing them from the will. When my mother in law passed several weeks ago, we were waiting to see what would happen. When my husband was alive he told his mother to leave his share of her estate to his brother, who passed, because he probably would not be able to support himself. But after his death I WAS HOPING THAT MY HUSBAND'S BROTHER AND SISTER WOULD HAVe equally divide her estate with their brother's children. I do know as I said before that over the years they have spent major amounts of her money, especially when she was in the nursing home. My husband and I were married 42 years when he passed away. His remaing brother was gay and had two chikdren with his gay partner. My husband sister never married until she was 50. Now she is 61. No chikdren. The brother that passed never married. My daugther is 45 with two children 13 nd 8. My son is 35 witn a 2 year old and one on the way in JUNE. My son that passed would have been 40 in August. Never married.
The way that you children could make a claim for more of the estate than your husband's mother's current will leaves them is to prove that the mother was incompetent at the time she revised her will, was forced into revising her will or that the children stole assets from her, particularly while acting as her power of attorney.

To challenge the will the children would need to file a will caveat. This is done through the probate court in the county where the estate is filed.

Only the executor of the estate has the authority to sue the children for any assets stolen from the mother. For the children to force this they have to file with the probate court to remove the executor then the new executor can sue the children for the assets.

Not to be discouraging but these suits are complex and expensive. They may find an attorney that will take this case on a contingency basis and only get paid if they win the case. They can search for a local attorney at and type in the location and estate litigation.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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