QUESTION
My siblings changed my mother's will several times and she doesn't understand, what can we do?
Asked on Mar 16th, 2016 on Estate Planning - California
More details to this question:
My siblings have verbally abused and scared my mother into changing her will and she says she's very confused about all of it. Because I have always made it on my own on my sibling have cut me out of everything because they said that I already have a house and they can't make it on their own my brother is 62 my sister is 65 neither one of them have ever lived on their own but they have always lived off my mother I would like to stop them but I don't know what to do. My mother is 93 years old and has serious heart problems so I don't say anything to her because I'm afraid of upsetting her but I'd still like to do something about it. Do I have any options legally?
2 ANSWERS
If your mother is of sound mind, have her write a Will that really reflects what she wants; she should then keep it secret from your siblings but give you the original for safekeeping. When they try to get her to write another Will, get her to make some mistake that will invalidate the new Will [such as if in California, have her hand write the Will on a piece of paper that already has something typed on it; see the Nolo Press books on what is required]. See if she is willing to set up a Trust so the property is distributed as she really wants it to be. Her constant worry is bad for her heart so your talking to her about this will have no added detriment. Get her to have her DR.say the discussions she has with them have to stop because it is bad for your health. Based upon my own experience and what others have asked questions about, do not expect your mother to cut them off. Mothers always forgive their children and want to provide for them, no matter how bad and evil they are. She will feel they need her help and you do not, so at best she might split her assets into equal parts. There probably are not enough in assets to set up a Trust to be managed by some independent trustee [not you, because them will come begging to you all the time] to make periodic payments when they need it. Just remember, no good deed goes unpunished.
Answered on Apr 15th, 2016 at 4:37 AM
Edwin K. Niles
You should see a lawyer who specializes in elder law ASAP.
Answered on Apr 15th, 2016 at 4:35 AM