More details to this question:
My dad is the executor of my grandmother’s estate and when going through the will and other files, He noticed something alarming. My grandmother's will states that he shall be named the recipient of her stocks. However, approximately two months ago her daughter convinced my grandmother to consolidate the stocks into the TIAACreff to combine each dividend check into one single check. When doing this, it asked to name beneficiaries to which my aunt suggested the beneficiaries be named as her and her brother. The bank says the recipient will be chosen as the beneficiaries listed before what the will has listed. We feel this has been wrongly determined as my grandmother was in the hospital with pneumonia and in a declining state and was not in the correct state of mind to be making those changes under her own free will. How should we proceed?
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It is very difficult to prove undue influence.
Nor do you state that a court has declared that your grandmother lacked legal capacity to manage her financial affairs at the time this was done.
Your grandmother can make changes. Someone acting under a Durable Power of Attorney can make changes IF the POA so states and IF that person would not be changing the estate disposition set forth in the Will.
If your aunt was that agent, contact a local probate lawyer about a suit for breach of fiduciary duty.
Answered on Apr 14th, 2020 at 5:12 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.