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Asker
Posted over 2 years ago.

Thank you Mr. Millsap III, for your answer, much appreciated. The statement of the testator when making the Will, proves the asset was solely his. This was the only asset that was not going to the widow, but to the beneficiaries. The transfer of ownership of the asset to the spouse would be of conflict with the terms of the Will. The testator could not have approved of this ownership transfer to the spouse of this asset, as it would be contradicting to his statement in the Will. This transfer of ownership of the asset by the spouse would have to be done deceptively.

Robert E. Millsap III
Robert E. Millsap III, Probate Attorney - Seattle, WA
Posted over 2 years ago.

I really think you should sit with a Hawaii attorney. If the decedent changed the designation, she had a right to. It is not uncommon for a decedent to change beneficiary designations after a will has been drawn up. I am more concerned about whether the change was made by surviving spouse under a POA or by decedent under undue influence.

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Asker
Posted over 2 years ago.

Thank you Mr. Millsap III, for your extended help, much appreciated. The transfer of this asset from the testator to the surviving spouse would have to have been done thru deception by the spouse as to the purpose of this proposed transfer. The testator would not have done so otherwise. The testator/decedent has been deceived into making this transfer/or future transfer before his death, by P.O.A. or by adding spouse as JTWROS to asset account. The deception is evidenced by the spouse/widow actions/non-actions after the testator's death. The asset/personal property was to be awarded to the beneficiaries/owners of this asset designated in the Will, by putting the asset into a custodial account, which the widow would be the custodian. The custodian/widow was also granted by the testator, to use only the interest of the principle for the remainder of her life, and upon her death, the beneficiaries can remove their asset from the terminated custodial account. At present the beneficiaries have not received notice from the widow, of the whereabouts of their account. The beneficiaries have not been able to get answers from the widow, except a disturbing request of the widow to leave her alone.