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Old 04-25-2011, 10:41 AM
Texas Toast Texas Toast is offline
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Default Change a Will/Protect Against Incompetency Claims

My grandparents are getting older. My grandmother has a will that splits her wealth among her children and my grandfather. First, is this legal, since it would seem that her wealth would pass first to my grandfather, since they are married. I'm not sure if the money is held in an account in only her name or even if that matters.

Also, she wants to change her will go add her grandchildren as beneficiaries, too, but her children do not want this since they would get less. So, her children are now saying she is mentally competent. How do I go about helping her amend her will and protecting against future incompetency claims.
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Old 04-25-2011, 04:03 PM
moderator moderator is offline
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A person can leave his or her assets to whoever he or she pleases, family or not. The will is actually not binding until the person who wrote it dies. As for competency, that is up to the court to decide. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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