Can someone change a will? 14 Answers as of October 16, 2013

My grandmother died in November 30, 2012. She has a house that is paid off and bank account. She has a will. She had 2 sons one died in July 10. 1994. When my grandmother died The attorney wanted the deceased son's kids names,addresses and age. The son that is alive now is petitioning the will. Can he beat it knowing that my grandmother written the way she wanted it to be?

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Law Office of Pamela Braynon | Pamela Y. Braynon
The attorney wanted to know the deceased son?s kids names because if the deceased son was left something by his mother and the son has died, then his children will share in his share of what was left. As long as the will can be authenticated in court, that is all that is needed. If not, Florida Statutes will rule and your grandmother's children will equally share in her assets. If any of her children has died, as is the case here, his children will equally share his share. So no he can't succeed either way.
Answer Applies to: Florida
Replied: 10/16/2013
Donald T. Scher & Associates, P.C.
Donald T. Scher & Associates, P.C. | Donald Scher
I don't know what you mean by "beating the will" or what he might be trying to gain, if anything. If you mean that he is contesting the Will, then he is trying to prove that the Will is invalid and unenforceable, and therefore that she died intestate. If he is successful in making that argument, then she may die without a will, and then he might inherit the house alone, rather than share with the children of the deceased son. You should consult with an attorney at once and determine what is really going on and what action you need to take to counter what he is doing.
Answer Applies to: Arizona
Replied: 10/15/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
You need to check the will. It may provide explicitly or by operation of law that the grandchildren take in place of their Father.
Answer Applies to: Michigan
Replied: 10/15/2013
James Law Group
James Law Group | Christine James
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Answer Applies to: California
Replied: 10/15/2013
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
The only person who could change your grandmother's will is your grandmother. From your description, it does not sound like her son is trying to change the will. However, he can still "contest" the will if he believes it is invalid.
Answer Applies to: California
Replied: 10/15/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    First, the attorney needs the names, ages, and contact information of all the immediate heirs to provide certain required reports to the probate court. Second, a person can challenge the terms of a will but it is a difficult task to prove 1) that the deceased didn't intend or want her estate settled the way the will describes or 2) that she was unduely influenced by someone who stood to gain by getting her to change her will, or 3) that something about the will is illegal or can no longer be accomplished for any number of valid reasons but court permission is required to make the needed change.
    Answer Applies to: Nebraska
    Replied: 10/15/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Someone can assert that grandmother didn't have capacity when she made the Will. It would be odd if she already lacked capacity 20 years ago; are you saying she made a will recently including a gift to a son who had already passed away? The fact that the attorney needed the grandchildren's names doesn't necessarily mean they take under the will; they are entitled to notice of the probate because they are heirs at law. More information is needed to answer your question.
    Answer Applies to: Oregon
    Replied: 10/15/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    The will cannot be changed after a person had passed away. Since one of hers sons passed away in 1994, there must have been provisions that stated what would happen to a son's share if one or both predecease her. The provisions in your grandmother 's will shall dictate how the property is distributed. The attorney handling the probate of this estate must list the next of kin who would inherit if the deceased died without a will, whether they actually inherit or not. Therefore, that is why he needs the names, addresses and ages of the deceased son's children. They may not necessarily inherit anything unless the will provides for them.
    Answer Applies to: Ohio
    Replied: 10/15/2013
    Frederick & Frederick PLC | James P Frederick
    Can it happen? It is possible. It is also not very likely. Of course, if no one opposes the changes, then a judge might agree. You may need to retain or at least consult with a probate attorney to determine how best to proceed.
    Answer Applies to: Michigan
    Replied: 10/15/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    I don't understand your question. Why would the living son want to beat the Will? If it is not good for him, why would he go to the trouble to probate it?
    Answer Applies to: Oregon
    Replied: 10/15/2013
    Gates' Law, PLLC | Thomas E. Gates
    Anyone can challenge a will, hey may not prevail however. Since an attorney is involved with probate, it appears that the will states that the deceased son's child will benefit from his share of the estate.
    Answer Applies to: Washington
    Replied: 10/15/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    The person making a Will has various alternatives on how to dispose of the assets they have. Your grandmother may have stated in her Will that she has 2 children and the estate shall go equally to them. But, what happens if one of them predeceases her? She could have written that the heirs of a deceased child should receive the assets that the deceased child would have received had that child survived. Or, it could have been written that the surviving child gets everything. Your grandmother could have chosen that if a child predeceases her that the share that child would have received would go to charity. You need to look at the Will to see what she decided to write. That is why it is always a good idea to have an attorney work with the client to write a Will. Also, when a Will is being probated, the heirs should all get notice. Perhaps that is why the attorney asked for the deceased child's names and addresses along with their ages. After notice, if anyone wants to object to the Will, then they have a limited time to do so. The notice to the heirs gives them all that information.
    Answer Applies to: California
    Replied: 10/15/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    The terms of the will control, and the attorney asking for the names and addresses of the son's children is correct ,in doing what he is doing, in determining who the heirs are entitled to take per the will provisions.of the will.
    Answer Applies to: California
    Replied: 10/15/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    With a Will what is written, signed and witnessed is what matters.
    Answer Applies to: Nevada
    Replied: 10/15/2013
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