My mother recently named 2 of my brothers as conservators of her will. She is in a nursing home but mentally healthy. My brothers informed me that they had the will changed to exclude me as a beneficiary. My mother doesn't recall asking for the will to be changed -which originally allowed me to be a beneficiary along with my brothers. They will not release a copy of the current will. My mother would like for me to review it with her. How can we get a copy? Can she sign a release of information? or do I need a power of attorney? Do I need to hire an attorney?
Thank you for your assistance.
Brgds

Hello,

I strongly suggest that you consult an Estate and Probate attorney. What you have described is one of the more common breaches of probate law. If you get an affidavit from your mother saying that she recalls no such event, then a court order to release the document may be issued. If your mother will not agree to the affidavit, then you may have reason to believe that she knows more than she is telling. In which case you have little recourse prior to her demise. A parent may pretermit an heir, however, this can possibly be contested later through pretermitted heir statutes. If successful, the pretermitted child, or rather the division of the estate, will be treated as though the estate is intestate, and division will be pursuant to state probate laws, or rather, subject to a Judges discretion. Good luck

Lawford

Thank you for the help. I understand the affidavit but I'm wondering if it is possible to have my mother give verbal consent to her attorney to release the document or to sign a release of information form on the order of those used for medical records giving permission.
Also .. if you don't mind. I probably should have asked this first. As conservators of my mothers affairs can my brothers legally change her will without her knowledge?
Again I really appreciate your help.
Brgrds

Hello kymidway,

Yes, your mother may ask her attorney to show you the will, so long as she be of legal mental capacity to do so. I believe both methods you mentioned may be exercised, however, my thinking is that there may be requirement(s) beyond the mere asking. A lot of lawyers want an affidavit as means to cover themselves; this is sometimes referred to as a CYA document. Also, the attorney may well be obligated to tell your brothers of the request or change due to the conservator issue, they may then contest the request, and the matter may end up in a hearing, hence the affidavit and other legal work.

No, your brothers cannot legally change the will without your mother's knowledge, that would defeat the purpose of a will. They can, however, in managing her affairs, invest certain funds as means of providing for her needs; and investments can fail. There are simply too many possibilities regarding this to be covered here.

Also, in a will, certain funds may be left to charity(s). If the charity suggested is no longer active or has changed, the funds or property may be given to a like charity, in part or in whole, at the "personal representative's" (conservator's) discretion, but not prior to her demise, unless it be by her instruction. Again regarding the latter, legal capacity can be an issue.

Please note, Personal Representation of a will, and Power of Attorney to manage her affairs, are two seperate legal entities, as one concerns the living, and the other concerns the dead.

Two things, a will is only as good as its most recent draft, and wills, or provisions thereof, are inherently difficult to contest as a will must be signed by two witnesses of no relation to the testator, and notarized. So, if your brothers pulled a fast one, and caught her at a weak moment, the easiest remedy may be to have another will drawn.

In closing, I strongly suggest that you get the advice of an attorney regarding this matter, and the best way to proceed.

Lawford

Thank you so very much for the help. I will certainly consult an attorney Having an understanding will help me not to make difficulties that do not need to be.
Again thank youq

In most states, if your mother had an existing will, then to "change" the will to exclude you as a beneficiary would require that certain statutory procedures take place. At a minimum, most states require that certain formalities be recognized regarding revoking a prior will, or portions of a will. Did your mother sign anything? I do suggest contacting the attorney regarding your concerns. The brothers could not change the will on their own without the mother's consent in one way or another. Your mother is entitled to a copy of her own will. It is usually highly recommended that a person keep a copy of their own will, in addition to having the attorney keep a copy. The copy should be kept in a safe place like a safe deposit box.

For your reference, you can find an atorney thorugh the locator service on LawInfo's home page at: http://www.lawinfo.com/. Good luck.